Salmon v Albarran

[2024] NSWCA 3

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Jurisdiction of appellate court
4. › Extension of time for filing notice of appeal
5. › Notice of intention to appeal filed but no notice of appeal filed
6. › Whether power under UCPR r 51.9(1)(b) may be exercised where no appeal commenced
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.7, 51.8, 51.9, 51.16

Quick Take

To extend the time to file a notice of appeal after the r 51.9(1)(a) period has expired, the notice of appeal (even if late) must first be filed, followed by an application for the extension either within the notice of appeal itself or by separate motion in the commenced proceedings.