The President declined to remit to the Common Law Division an appeal from an Associate Judge that had been irregularly commenced in the Court of Appeal, exercising discretion under s 51(2)(b) of the Supreme Court Act 1970 (NSW). The decision was based on the particular circumstances: a hearing date had already been allocated, the applicant had been evicted, a stay on sale was conditional on expeditious prosecution, and a question regarding the National Credit Code arose. The case confirms that appeals from Associate Judges lie to a Judge in a Division, not to the Court of Appeal, following Secure Funding Pty Ltd v Stark [2014] NSWCA 151.
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