Marium v Darley

[2025] NSWCA 198

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Whether appeal as of right from dismissal of judicial review of refusal to grant permanent stay of summary criminal proceedings
5. › Whether proceedings involved matter at issue of $100,000 or more
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Practice and Procedure
2. › Filing of documents
3. › Commencement of proceedings
4. › Whether posting document by registered post constitutes filing
5. › Whether document filed when lodged for filing or when posted
6. › Uniform Civil Procedure Rules 2005 (NSW), r 4.10(3)
1. Practice and Procedure
2. › Self-executing orders
3. › Guillotine orders
4. › Nature of confirmatory orders made after self-executing dismissal
5. › Whether subsequent orders dismissing proceedings were otiose
1. Practice and Procedure
2. › Criminal proceedings
3. › Fragmentation of criminal proceedings
4. › Supervisory jurisdiction
5. › Reticence of appellate courts to interfere at interlocutory stage

Quick Take

Posting a document to the Court by registered post does not constitute filing; a document is filed only when it is lodged for filing under UCPR r 4.10(3), and a self-executing guillotine order operates automatically upon non-compliance without the need for further orders.