An application for special leave to appeal to the High Court does not engage s 67(1)(d) of the Bail Act 2013 (NSW) as an 'appeal pending in the High Court'. The expanded definition of 'appeal' in s 25A(6) of the Criminal Appeal Act 1912 is confined to that section and cannot be imported into the Bail Act. Applicants seeking bail at the special leave stage must either apply to the High Court directly (under a more stringent test) or seek a stay from the CCA under s 67(1)(c), which requires demonstrating a substantial prospect of special leave being granted and seeking expedition of the application.
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