Ahmad v University of Sydney

[2026] NSWSC 1042

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. APPEALS — Leave to appeal from decision of a District Court Judicial Registrar — No appearance by applicant — No issue of principle — No question of public importance — No reasonably clear injustice going beyond something that is merely arguable — Summons seeking leave to appeal dismissed

Leave to appeal from a decision of a Judicial Registrar of the District Court will only be granted where the proposed appeal raises an issue of principle, a question of public importance, or seeks to address a reasonably clear injustice going beyond something that is merely arguable — the same test as applies to leave to appeal to the Court of Appeal.
An appeal from a decision of a Judicial Registrar of the District Court is not allocated to the Court of Appeal under s 48(1)(iv) of the Supreme Court Act 1970 (NSW), which expressly excludes decisions made by Judicial Registrars; a notice of appeal filed in the Court of Appeal from such a decision is incompetent.
Where a party has adequate notice of a hearing date and fails to attend without offering any explanation, the court may proceed with the hearing in that party's absence under UCPR r 29.7(2).