Kearney v Amirbeaggi (No 2)

[2025] NSWCA 73

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Application for expedition
4. › Application for leave to appeal from interlocutory decisions
5. › Final hearing below imminent
6. › Whether expedition should be granted
7. › Whether burden on parties and interference with trial preparation justified expedition
8. › Civil Procedure Act 2005 (NSW), ss 56-58
1. Practice and Procedure
2. › Court of Appeal
3. › Concurrent hearing of leave application and appeal
4. › Whether decision to hear leave and appeal concurrently is administrative decision of President
5. › Whether open to applicant to seek that decision by motion before judge of appeal
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.14
1. Practice and Procedure
2. › Adjournment
3. › Application for adjournment of motion
4. › Very short period before commencement of final hearing
5. › Non-compliance with court directions
6. › Whether adjournment should be granted

Quick Take

The decision whether to hear an application for leave to appeal concurrently with the appeal under UCPR r 51.14 is an administrative decision generally made by the President of the Court of Appeal, and cannot be sought by motion before a judge of appeal.

Case Details

Citation[2025] NSWCA 73

CourtNSWCA

JurisdictionNew South Wales

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Relies on8

2025Kearney v AmirbeaggiNSWSC 147
2024Mohareb v Manly Local CourtNSWCA 233
2022Kearney v AmirbeaggiNSWCA 130
2022Kearney v AmirbeaggiNSWSC 805
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