New South Wales Consolidated Regulations

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Notice of contention

50.11 Notice of contention

(cf SCR Part 14, rule 3, Part 51A, rule 13)

(1) This rule applies if the defendant wishes to contend that the decision of the court below should be affirmed on grounds other than those relied on by the court below, but does not seek a discharge or variation of any part of that decision.
(2) In the circumstances referred to in subrule (1), the defendant need not file a cross-summons but must instead file notice of that contention, stating, briefly but specifically, the grounds relied on in support of the contention.
(3) The notice referred to in subrule (2) must be filed and served--
(a) within 14 days after service of the summons commencing the appeal on the defendant, or
(b) within such further time as the higher court may allow.
(4) This rule does not apply to proceedings that are entered in the Commercial List in the Supreme Court.

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