Notice of appeal




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Form 105 (version 6)
UCPR 51.16, 51.18, 51.20

NOTICE OF APPEAL


COURT DETAILS

Court

Supreme Court of New South Wales, Court of Appeal

Registry

Sydney

Case number




TITLE OF PROCEEDINGS

[First] appellant

[name]

#Second appellant #Number of appellants (if more than two)










[First] respondent

[name]

#Second respondent

#Number of respondents (if more than two)






PROCEEDINGS IN THE COURT BELOW

Title below

[eg X Pty Limited and another v Y and others]

Court below




Case number below




Date[s] of hearing




Material date




Decision of

[Judicial officer's name and designation]

FILING DETAILS

Filed for

[name] [role of party eg appellant]

#Filed in relation to

[eg whole decision below, decision below in relation to (number) cross-claim, decision below in relation to quantum]

[include only if form to be eFiled]



#Legal representative

[solicitor on record] [firm]

#Legal representative reference

[reference number]

Contact name and telephone

[name] [telephone]

Contact email

[email address]

HEARING DETAILS

This notice of appeal is listed for directions at [time, date and place to be inserted by the registry unless otherwise known].

TYPE OF APPEAL

[Select type of appeal from the list provided in section 6 of the Guide to preparing documents, available on the UCPR website at www.lawlink.nsw.gov.au/ucpr or at any NSW court registry.]

DETAILS OF APPEAL

  1. This appeal is brought under [state the statutory provision under which the appeal is brought].

  2. #This notice of appeal is not filed pursuant to leave to appeal.

#Leave to appeal was granted on [date].

  1. #The appellant has not filed a notice of intention to appeal.

#The appellant has filed and served a notice of intention to appeal, which was served on the [#prospective respondent #last of the prospective respondents] on [date].

  1. #The appellant appeals from the whole of the decision below.

#The appellant appeals from the part of the decision below in relation to [state the relevant part of the decision below].

APPEAL GROUNDS

  1. [State briefly, but specifically, the grounds relied on in support of the appeal.]

  2. [ ]

ORDERS SOUGHT

  1. #Time for filing an appeal be extended.

  2. Appeal allowed

  3. [#Judgment #Order (number eg 3, if appealing part only)] of the court below be set aside.

  4. [State what judgment, order, verdict or determination the appellant seeks in place of the decision of the court below.]

  5. [#State the order the appellant seeks for reinstatement or restitution in accordance with UCPR 51.19]

  6. The [role of party eg respondents] pay the appellant's costs.

UCPR 51.22 CERTIFICATE

#I certify under UCPR 51.22(2) that the amount in issue in this appeal exceeds the specified amount under [state the relevant statutory provision].

#The right of appeal is not limited by a monetary sum



#SIGNATURE OF LEGAL REPRESENTATIVE

#This notice of appeal does not require a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014.

#I certify under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim for damages in these proceedings has reasonable prospects of success.

I have advised the appellant[s] that court fees will be payable during these proceedings. These fees may include a hearing allocation fee.

Signature




Capacity

[eg solicitor on record, contact solicitor]

Date of signature






#SIGNATURE OF OR ON BEHALF OF APPELLANT IF NOT LEGALLY REPRESENTED

I acknowledge that court fees will be payable during these proceedings. These fees may include a hearing allocation fee.

Signature




Capacity

[eg authorised officer, role of party]

Date of signature



Note:
1. This notice must be served personally unless non-personal service under UCPR 10.18 is permitted.


2. A copy of this notice must be filed in the court below in accordance with UCPR 51.42.


NOTICE TO RESPONDENT

If your solicitor, barrister or you do not attend the hearing, the court may give judgment or make orders against you in your absence. The judgment may be for the orders sought in the notice of appeal and for the appellant's costs of bringing these proceedings.

Before you can appear before the court, you must file at the court an appearance in the approved form.



HOW TO RESPOND

Please read this notice of appeal very carefully. If you have any trouble understanding it or require assistance on how to respond to the notice of appeal you should get legal advice as soon as possible.

You can get further information about what you need to do to respond to the notice of appeal from:



  • A legal practitioner.

  • LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.

  • The court registry for limited procedural information.

REGISTRY ADDRESS

Street address

Supreme Court of New South Wales, Court of Appeal

Law Courts Building

Queen's Square

Level 5, 184 Phillip Street

Sydney NSW 2000


Postal address

GPO Box 3

Sydney NSW 2001



DX

DX 829 Sydney

Telephone

1300 679 272




PARTY DETAILS

A list of parties must be filed and served with this notice of appeal.

[on separate page]



FURTHER DETAILS ABOUT APPELLANT[S]

[Do not include this section if you have previously given this information to the court in these appeal proceedings, eg in a summons for leave to appeal.]

[First] appellant

Name




Address
[The filing party must give the party's address.]

#[unit/level number]

#[building name]

[street number]

[street name]

[street type]

[suburb/city]

[state/territory]

[postcode]

#[country (if not Australia)]

#Frequent user identifier

[include if the appellant is a registered frequent user]

[repeat the above information as required for the second and each additional appellant]

#Legal representative for appellant[s]

Name

[name of solicitor on record]

Practising certificate number




Firm

[name of firm]

#Contact solicitor

[include name of contact solicitor if different to solicitor on record]

Address

#[unit/level number]

#[building name]

[street number]

[street name]

[street type]

[suburb/city]

[state/territory]

[postcode]

DX address




Telephone




Fax




Email




Electronic service address

[#email address for electronic service eg service@emailaddress.com.au #Not applicable]

#Contact details for appellant[s] acting in person or by authorised officer

#Name of authorised officer




#Capacity to act for appellant[s]




Address for service
[The filing party must give an address for service. This must be an address in NSW unless the exceptions listed in UCPR 4.5(3) apply. State "as above" if the filing party’s address for service is the same as the filing party's address stated above.]

#as above

#[unit/level number]



#[building name]

[street number]

[street name]

[street type]

[suburb/city]

[state/territory]

[postcode]

Telephone




#Fax




Email






DETAILS ABOUT RESPONDENT[S]

[First] respondent

Name




Address

#[unit/level number]

#[building name]

[street number]

[street name]

[street type]

[suburb/city]

[state/territory]

[postcode]

#[country (if not Australia)]

[repeat the above information as required for the second and each additional respondent]

L\316450649.1


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