Call our lawyers
now
or,
have our lawyers
call you
Appeals Against Supreme Court Decisions (NSW)
Updated on Oct 31, 2022 • 4 min read • 613 views • Copy Link
Appeals Against Supreme Court Decisions (NSW)
The laws surrounding appeals against decisions of the Supreme Court of New South Wales are set out in the Uniform Civil Procedural Rules and the Supreme Court Act 1970. Appeals against Supreme Court decisions are heard by the Court of Appeal, which is the highest appeal court in New South Wales. This article summarises the procedures involved in such an appeal and some of the case law surrounding appeals against Supreme Court decisions.
Procedure
When a party decides to appeal a Supreme Court decision, it must file an application in the Court of Appeal. The Court of Appeal will then consider whether leave to appeal should be granted.
If the situation is not urgent, it is generally a matter of practice to file a Notice of Intention to Appeal prior to filing an application in the Court of Appeal. However, a Notice of Intention to Appeal does not commence the appeal proceedings.
The NSW Court of Appeal usually consists of a panel of three judges of appeal. If the judges do not agree, the majority view prevails.
Appeals to the High Court
Appeals against decisions of the NSW Court of Appeal are made to the High Court of Australia. This occurs in matters of public or general importance. There is no automatic right to have an appeal heard by the High Court. As with the Court of Appeal, the applicant must first obtain the High Court’s leave to appeal. Parties which intend to appeal must persuade the High Court that special reasons for an appeal exist. This often occurs in a preliminary hearing.
Decisions of the High Court on appeals are final.
Case law
Some general principles of appealing against the decisions of higher courts have been set out in case law. Some notable court decisions concerning appeals are summarised below.
Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc (1981)
In this case, the High Court found that there were no rigid rules of practice or exhaustive criteria governing the grant of leave to appeal.
Carolan v AMF Bowling Pty Ltd [1995]
In this decision, the court determined that an applicant must demonstrate more than that the trial judge was arguably wrong.
Jaycar v Pty Ltd v Lombardo [2011]
This decision further reinforced that something more must be demonstrated that the decision at first instance was arguably wrong. In this case, leave to appeal on liability was refused where a small sum was involved, there was no question of principle, no issue of general public interest and the dispute had already consumed significant time and cost and was contrary to the principles enshrined in the Civil Procedure Act 2005.
Lee v New South Wales Crime Commission [2012]
In this case, leave for appeal was granted where it was clear that the trial judge’s decision was incorrect, and the applicants had suffered injustice.
Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012]
This case concerned a matter that was set down for a separate hearing of the leave application to consider the question of appeal. In such circumstances, it was the court’s view that it is the responsibility of counsel to ensure that critical issues are properly raised in the summary of argument and relevant material is before the court when considering the question of appeal.
Collier v Lancer (No 2) [2013]
In this case, leave was sought to appeal summary dismissal of proceedings. Ultimately, the Court of Appeal decided not to grant leave where no substantial issue of principle existed as the applicant was merely seeking to re-litigate issues determined in other proceedings.
If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Go To Court Lawyers.
Nicholas Hardy-Clements
Lawyer | Criminal Law, Senior, Associate
Nicolas Hardy-Clements holds Juris Doctor, a Bachelor of Arts and a Graduate Diploma in Legal Practice. Nick is admitted to practice in the Supreme Court of New South Wales and the High Court of Australia. Nick regularly takes carriage of matters in the Local Court, District Court, and Supreme Court of NSW. Nick’s experience also extends to conducting matters before tribunals such as the NSW Civil and Administrative Tribunal (NCAT). Nick is passionate about Commercial Dispute Resolution and Litigation, and Criminal Law. He has also dealt with civil law matters, traffic offences, and represented clients facing DUI charges.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Civil Trials in the Magistrates Court (WA)
Civil Trials in the Magistrates Court (WA) More than 95% of civil matters are resolved without proceeding to a civil trial. It is, however, important to be aware of the procedures involved in a civil trial so that you are prepared in the event your matter does not resolve and a trial ....
Posted in:
Court Processes
A long-established principle of the common law is “de minimis non curat lex”, which translates as ‘the law does not concern itself with trifles.’ The de minimis rule has application both in civil and in criminal jurisdictions. It effectively means that the law should not get involved in circumstances where ....
Posted in:
Court Processes
Small Claims (ACT) In the ACT, small civil claims where the amount of money or property in dispute is less than $25,000 can be made in the ACT Civil and Administrative Tribunal (ACAT). These claims may be made with or without legal representation. This page deals with the processes involved ....
Posted in:
Court Processes
A costs order is an order made by the court setting out who must pay the legal costs associated with the proceedings. Costs orders are regulated by statute and court rules. The most commonly used statutory provisions relating to costs orders are contained in the Civil Procedure Act 2005 and ....
Posted in:
Court Processes
Minor Civil Claims (Tas) In Tasmania, under the Magistrates Court (Civil Division) Act 1992, a minor civil claim is a dispute involving $5,000 or less. This page deals with minor civil claims in Tasmania. Jurisdiction In Tasmania, the Magistrates Court hears minor civil claims, which are claims involving up to ....
Posted in:
Court Processes
Costs Orders (NT) A costs order is an order that specifies who must pay the legal costs associated with a court proceeding. In the Northern Territory, costs orders are regulated by both legislation and court rules, including the Local Court Civil Procedure Act 1989 and the Supreme Court Rules 2008. This article deals ....
Posted in:
Court Processes
Non-Parties in Child Protection Matters (Qld)
If a child whose safety and welfare you are concerned about is the subject of child protection proceedings, it is important to understand the legislative framework. If your grandchild, niece, nephew or another child you care about has been removed from their parents’ care, you may be called to give ....
Posted in:
Court Processes
Bankruptcy Proceedings (NT) Bankruptcy is a process whereby someone who cannot pay their debts gives up their assets in return for protection from their creditors. In the Northern Territory, a person can voluntarily make themselves bankrupt, but they can also be forced into bankruptcy by their creditors. A creditor may ....
Posted in:
Court Processes
Administrative review occurs when a tribunal reviews a decision that has been made by a government department or agency. Administrative review can be done by tribunals or by courts and can occur at state, territory or federal level. In the ACT, the Civil and Administrative Tribunal (ACAT) and the Supreme Court are ....
Posted in:
Court Processes
Northern Territory Civil and Administrative Tribunal
Northern Territory Civil and Administrative Tribunal The Northern Territory Civil and Administrative Tribunal (NTCAT) is a super tribunal for legal matters in the Northern Territory. NTCAT was established by the Northern Territory Civil and Administrative Tribunal Act 2014 to resolve minor legal disputes, as a venue to reconsider government administrative ....
Posted in:
Court Processes
Costs in Civil Matters (WA) Legal costs should be an important commercial issue that parties should take into account at all stages of a dispute or court proceeding. This is because legal costs can end up amounting to a significant portion of a party’s claim. In some cases, particularly in ....
Posted in:
Court Processes
Small Claims (NT) In the Northern Territory, small claims are dealt with by the NT Civil and Administrative Tribunal (NTCAT). Small claims are civil disputes where the amount of money or goods and services at issue is less than $25,000. They are governed by the Small Claims Act 2016. This ....
Posted in:
Court Processes