Coshott v Vardas

[2017] NSWCA 258

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Monetary threshold for appeal as of right
4. › Whether matter at issue amounted to $100,000 or more
5. › Affidavit requirements under UCPR r 51.22
6. › Whether affidavit merely restating amount claimed sufficient
7. › Supreme Court Act 1970 (NSW), s 101(2)(r)
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.22
1. Practice and Procedure
2. › Costs
3. › Costs of incompetent appeal
4. › Respondent's failure to file timely competency objection
5. › Whether court should 'otherwise order' costs in respondent's favour
6. › Obligation on respondent to be vigilant
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.41

Quick Take

An affidavit under UCPR r 51.22 must set out material facts demonstrating that the matter at issue exceeds the monetary threshold; merely restating the amount claimed is insufficient. A respondent who fails to file a competency objection within the 28-day period under UCPR r 51.41(1) will not be entitled to costs of the appeal unless the court otherwise orders, and the court will not otherwise order where the delay is unexplained and the respondent had full knowledge of the circumstances rendering the appeal incompetent.