Blackmore v Browne; Kara Kar Holdings Pty Ltd v Blackmore

In *Blackmore v Browne; Kara Kar Holdings Pty Ltd v Blackmore*, the New South Wales Court of Appeal considered applications relating to an appeal filed out of time. The primary dispute concerned whether an extension of time should be granted for the filing of a notice of appeal, and conversely, whether the appeal should be dismissed as incompetent due to its late filing.

The court was required to determine the principles governing applications for an extension of time to appeal, specifically the order in which an application to strike out an appeal as incompetent and an application for an extension of time should be dealt with. A key issue was whether a "fairly arguable case" is an invariable requirement for an extension of time. The court also considered the test for leave to appeal under section 101(2)(r) of the *Supreme Court Act 1970* (NSW), which requires an appeal to involve a matter at issue amounting to or of the value of $100,000 or more, and whether this threshold is met when an appellant seeks to appeal against two related judgments, each individually below $100,000 but collectively exceeding that sum.

Campbell JA granted the extension of time for the filing of the notice of appeal, ordering the applicants to pay the costs of that motion. Consequently, the court dismissed the notice of motion seeking to have the appeal dismissed as incompetent, with the applicants also to bear the costs of that motion. The decision implicitly affirmed that an extension of time could be granted, thereby rendering the appeal competent.