Pawlowska v Zajglic

The Court of Appeal of New South Wales considered an appeal by the appellant, Pawlowska, against a decision concerning an application made under the *Family Provision Act 1982* (NSW). The respondent, Zajglic, sought to strike out the Notice of Appeal.

The primary legal issue before the Court of Appeal was whether leave to appeal was required under section 101(2)(r)(ii) of the *Supreme Court Act 1970* (NSW). This question turned on whether the appellant's claim that the appeal involved a matter at issue amounting to $100,000 or more was both credible and realistic, and whether the appeal had realistic prospects of success. A secondary issue concerned the adequacy of the Notice of Appeal in identifying the grounds relied upon.

Campbell JA determined that the appellant had not demonstrated that the appeal involved a matter at issue of $100,000 or more, nor that there were realistic prospects of success on appeal. Consequently, leave to appeal was required and had not been granted. The Court also found the Notice of Appeal to be deficient in its identification of grounds.

The Court ordered that the Notice of Appeal be struck out. No order was made as to the costs of the appeal itself, but the appellant was ordered to pay the costs of the respondent's Notice of Motion filed on 14 April 2011.