McMillan v Coolah Home Base Pty Ltd

[2023] NSWCA 172

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Extension of time to appeal
4. › Multiple judgments delivered over time
5. › Whether material date was date of final judgment or date of dispositive orders
6. › Factors governing extension of time
7. › Length and reason for delay
8. › Prejudice to respondent
9. › Whether applicant has fairly arguable case
10. › Supreme Court Act 1970 (NSW), s 101(2)
11. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.2, 51.9, 51.10
1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Whether leave required under s 101(2)(r) of Supreme Court Act 1970 (NSW)
5. › Whether $100,000 threshold assessed by reference to appeal as a whole or claims against individual respondents
6. › Whether prospects of success relevant to threshold assessment
1. Practice and Procedure
2. › Security for costs
3. › Appeals
4. › Power to order security under UCPR r 51.50(1)
5. › Whether special circumstances present
6. › Impecuniosity of appellants
7. › Appeal filed out of time
8. › Prospects of success
9. › Whether order would stultify appeal
10. › Quantum of security

Quick Take

Where multiple judgments are delivered over time, the material date for commencing an appeal runs from the date of the dispositive order against each respondent, not from the date of a later judgment on costs or ancillary relief; and the $100,000 threshold under s 101(2)(r) is assessed by reference to the appeal as a whole, not claims against individual respondents.