Marium v Darley

[2026] NSWCA 75

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal — s 101(2)(r) Supreme Court Act 1970 — proceedings not involving monetary claim
1. Practice and Procedure
2. › Case Management
3. › Guillotine orders — automatic dismissal upon non-compliance — UCPR r 12.7
1. Practice and Procedure
2. › Filing of Documents
3. › Document not filed until received and accepted by Court — posting does not constitute filing — UCPR r 4.10
1. Practice and Procedure
2. › Court of Appeal
3. › Review of single Judge of Appeal — s 46(4) Supreme Court Act — onus to show error of principle or decision plainly wrong

Quick Take

The Court of Appeal refused to extend time for an application to discharge orders of a single Judge of Appeal, confirming that a guillotine order operates automatically upon non-compliance without the need for a further order, and that posting a document to the Court does not constitute filing on the date of posting — a document is only lodged when received and accepted by the Court under UCPR r 4.10. The Court confirmed that an appeal from dismissal of judicial review proceedings under s 69 of the Supreme Court Act challenging a Local Court refusal to grant a permanent stay requires leave under s 101(2)(r) where the proceedings do not have a readily ascertainable monetary value of at least $100,000.