May v Costaras

In *May v Costaras*, the Court of Appeal of New South Wales considered an objection to the competency of an appeal, specifically concerning whether the value of the claim met the threshold stipulated in section 101(2)(r) of the *Supreme Court Act 1970* (NSW) for an appeal to be competent when the notice of appeal was filed out of time.

The primary legal issue before the Court was whether the monetary value of the claim in the proceedings below was sufficient to satisfy the requirements of section 101(2)(r) of the *Supreme Court Act 1970* (NSW), which governs the competency of appeals in certain circumstances, particularly when an appeal notice is lodged late.

Griffiths AJA dismissed the motion objecting to the competency of the appeal. The reasoning for this decision, though not detailed in the provided text, would have involved an assessment of the claim's value against the statutory threshold. The Court applied the provisions of section 101(2)(r) of the *Supreme Court Act 1970* (NSW) to determine if the appeal was competent.

Consequently, the Court ordered that the motion filed by the respondent objecting to the competency of the appeal be dismissed, and that the respondent pay the appellant’s costs of that motion.