Crossman v Macquarie Leasing Pty Ltd

In *Crossman v Macquarie Leasing Pty Ltd*, the appellant sought to appeal a decision, but failed to comply with the Court's directions and relevant rules of court. The respondent filed a notice of motion seeking dismissal of the appeal pursuant to section 61 of the *Civil Procedure Act 2005* (NSW).

The primary legal issue before the Court was whether the dictates of justice, as contemplated by sections 56 to 58 of the *Civil Procedure Act 2005*, warranted the dismissal of the appeal due to the appellant's non-compliance.

McColl JA determined that dismissal of the appeal was not warranted. The Court reasoned that while the appellant had failed to comply with directions, the overarching dictates of justice required that the appeal be permitted to proceed, albeit with specific orders to rectify the deficiencies. The Court therefore dismissed the notice of motion seeking dismissal of the appeal. The appellant was ordered to pay the respondent's costs of the motion and was given strict directions to provide the respondent with the transcript of the primary judge's hearing and an amended index to the Blue Book by 5 pm on the day of the judgment. The respondent was granted leave to make handwritten annotations to its submissions and to hand up supplementary chronologies if necessary on the hearing date.