New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.41

Objections to competency of appeal

51.41 Objections to competency of appeal

(cf SCR Part 51, rule 25)

(1) A respondent who objects to the competency of an appeal must, by notice of motion filed and served on all other parties to the appeal within 28 days after service on the respondent of the notice of appeal, apply to the Court for an order dismissing the appeal as incompetent.
(2) If the respondent fails to comply with subrule (1) and the appeal is nevertheless dismissed as incompetent--
(a) the respondent is not entitled to costs of the appeal unless the Court otherwise orders, and
(b) the Court may order the respondent to pay the appellant any costs of the appeal proving useless or unnecessary.



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