Nanschild v Pratt

The applicant, Nanschild, sought an extension of time to file a notice of appeal against a judgment of the Supreme Court of New South Wales. The dispute concerned an attempt by Nanschild to vary the judgment below by $66,598. The appeal was heard by McColl and Campbell JJA.

The primary legal issue before the Court of Appeal was whether the appeal involved a claim, demand, or question respecting a civil right amounting to or to the value of $100,000, as required by section 101(2)(r)(ii) of the *Supreme Court Act 1970* (NSW) for the appeal to be competent. A secondary issue was whether the applicant had prospects of obtaining leave to appeal, particularly if the appeal did not raise any question of general legal principle, as contemplated by rule 51.10 of the *Uniform Civil Procedure Rules 2005*.

The Court determined that the value of the claim did not meet the threshold stipulated in section 101(2)(r)(ii) of the *Supreme Court Act 1970*. Consequently, the appeal was not competent. The Court also considered the applicant's prospects of obtaining leave to appeal, finding them insufficient.

The summons filed on 16 November 2010 and the notice of motion filed on 22 November 2010 were both dismissed with costs.