Boensch v Transport for NSW

[2024] NSWCA 86

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Extension of time to appeal
4. › Summary dismissal of appeal for delay
5. › Whether delay minor and prospects difficult to assess without full submissions
6. › Whether appeal should be dismissed
7. › Land and Environment Court Act 1979 (NSW), s 57
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.8
1. Practice and Procedure
2. › Security for costs
3. › Application for security for costs on appeal
4. › Whether application brought promptly
5. › Whether security should be ordered where majority of costs already incurred
6. › Whether order for security has utility where appeal imminent
7. › Significance of respondent's own non-compliance with procedural directions
1. Practice and Procedure
2. › Appeals
3. › Single judge determination of questions of law
4. › Whether single judge should determine pure question of law where question of general application and right of review to three-judge bench exists
5. › Supreme Court Act 1970 (NSW), s 46(4)

Quick Take

Applications for security for costs on appeal must be brought promptly after the appeal is filed, and delay until shortly before the hearing date, combined with the respondent's own non-compliance with procedural directions, may be fatal to the application.