Salmon v Albarran [2024] NSWCA 3

Salmon v Albarran [2024] NSWCA 3

In the absence of a filed notice of appeal there is no proceeding within which the Court of Appeal may exercise the power under r 51.9(1)(b); therefore, the notice of motion seeking to extend time must be dismissed.

Jurisdiction
Australia
Judgment Date
29 January 2024
Procedural Posture
Appeal Notice of Motion / Application for Extension of Time for Filing Notice of Appeal
Outcome
Notice of motion dismissed with costs; Order 1 made by Griffiths AJA on 17 January 2024 set aside.
Legal Topics
['extension of Time' 'appellate Jurisdiction' 'appeals' 'notice of Appeal']
['civil Procedure'] ['extension of Time' 'appellate Jurisdiction' 'appeals' 'notice of Appeal']

Case Brief

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Procedural Posture

Appeal Notice of Motion / Application for Extension of Time for Filing Notice of Appeal

Legal Issues

  1. 1 ['Whether the Court of Appeal has power under UCPR r 51.9(1)(b) to extend the time for filing and serving a notice of appeal where no appeal proceeding has commenced']

Ratio Decidendi

In the absence of a filed notice of appeal there is no proceeding within which the Court of Appeal may exercise the power under r 51.9(1)(b); therefore, the notice of motion seeking to extend time must be dismissed.

Court Disposition

Notice of motion dismissed with costs; Order 1 made by Griffiths AJA on 17 January 2024 set aside.

Orders

  • ["Dismiss the applicants' notice of motion with costs, including the costs of the hearing before Griffiths AJA on 17 January 2024." 'Set aside Order 1 made by Griffiths AJA on 17 January 2024.']