APPEALS — leave to appeal — interlocutory decisions — whether leave to appeal ought be granted — where applicant relies on a misapprehension as to order for default judgment — where no issue of principle, question of public importance or reasonably clear injustice shown
Quick Take
1A party seeking leave to appeal from interlocutory orders under s 101(2)(e) of the Supreme Court Act 1970 (NSW) must demonstrate an issue of principle, a question of public importance, or a reasonably clear injustice going beyond the merely arguable; a factual misapprehension about the existence of a default judgment cannot ground any of these criteria.
2Filing a notice of motion for default judgment does not constitute the entry of default judgment; the court record is determinative of whether judgment has been entered.
3In interlocutory proceedings, hearsay evidence adduced by a solicitor on behalf of a party is admissible under s 75 of the Evidence Act 1995 (NSW) provided the source is also adduced, and reliance on such evidence is an orthodox forensic choice that does not give rise to procedural unfairness.
