Arabi v Glad Cleaning Service Pty Limited

The applicant, Arabi, sought to appeal as of right against a decision of the District Court. The respondent, Glad Cleaning Service Pty Limited, challenged the validity of the appeal on procedural grounds. The matter came before Hodgson JA in the Court of Appeal of New South Wales.

The central legal issue before the Court was whether the affidavit filed by the applicant in support of the purported appeal as of right satisfied the requirements of rule 52.22 of the Uniform Civil Procedure Rules 2005 (NSW). This rule dictates the content and form of affidavits intended to support an appeal as of right.

Hodgson JA found that the affidavit did not meet the requirements of UCPR 52.22. Consequently, the appeal was not properly before the Court. The Court therefore dismissed the applicant's notice of motion. The costs associated with the notice of motion were to be costs in the appeal.