› Whether proposed appeal has prospects of success
› Whether reasonable explanation for delay
› Extension of time refused
Appeal
› New points on appeal
› Point not raised below
› Whether leave should be granted to raise new point
› Point requiring further evidence if raised below
› Leave refused
Consumer Law
› Misleading and deceptive conduct
› Personal liability of director
› Whether director who personally made representations liable under Australian Consumer Law
› Fair Trading Act 1987 (NSW), ss 27, 28, 32
Quick Take
All points to be relied upon on appeal must be properly pleaded and raised at first instance, and Notices of Appeal must be filed within time with any delay adequately explained.