Will v Brighton (No 2)

[2021] NSWCA 8

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Conditional grant of leave
4. › Whether grant of leave to appeal may be conditioned on applicant agreeing not to press part of application
5. › Civil Procedure Act 2005 (NSW), s 58(1)
1. Appeal
2. › Orders on appeal
3. › Remittal to lower court
4. › Whether Court of Appeal should require prima facie case before ordering remittal
5. › Whether Court of Appeal should direct allocation of judicial officer on remittal
1. Practice and Procedure
2. › Costs
3. › Mixed outcome on appeal
4. › Whether costs should follow the event where applicant succeeded on substantive legal issue but convictions remained quashed

Quick Take

The Court of Appeal may condition grants of leave to appeal on the applicant agreeing not to press certain orders, consistent with s 58(1) of the Civil Procedure Act 2005 (NSW), and the Court will generally not direct which judicial officer should hear a remitted matter.