70104 Study Guide - Final Guide: Supreme Court Of New South Wales, Automatic Stay, Lightning Talk
Document Summary
Division 4 applications for leave to appeal and cross-appeal. Division 6 effect of application and appeals on court below. Appeal is the formal procedure by which unsuccessful party wishes to have judgment set aside. Types of civil appeals: appeals from within the supreme court, appeals from outside the supreme court. And within those categories: appeals as of right, appeals only with leave, appeals on only limited basis. There is no automatic stay of the judgment: need to actually apply for the stay, stay is usually granted on 2 basis, appeal must have reasonable prospects of success, balance of convenience must favour granting the stay. The court of appeal has 2 decisions: make a decision on the appeal and overturn the judge below or, overturn a point and send it back for re-hearing (different to the trial judge) Need to show operative error on the application of the trial judge. o not to provide secondary hearing for dissatisfied litigants.
