Day v Rogers

In *Day v Rogers*, heard in the Court of Appeal of New South Wales, the applicant sought leave to appeal a judgment that found each of the two defendants liable on the basis of proportionate liability. The central dispute concerned whether the other defendant was a necessary party to the appeal.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted, and if so, under what conditions, particularly in light of the applicant's contention that the other defendant was not a necessary party to the appeal proceedings.

The Court of Appeal granted leave to appeal. However, this leave was conditional upon the applicant being liable for the costs of both the application for leave and the appeal itself, regardless of the ultimate outcome of the appeal. The Court directed that the notice of appeal was to be filed within 14 days.