Simoes v Kel Campbell Pty Ltd; Simoes v Moon

In *Simoes v Kel Campbell Pty Ltd; Simoes v Moon*, the New South Wales Court of Appeal considered applications for leave to appeal against decisions of the District Court. The applicant, Mr Simoes, had sought to file notices of appeal as of right, but the Court determined that leave to appeal was required. A summons seeking leave to appeal was filed on the day of the hearing, significantly out of time, raising the question of whether an extension of time should be granted.

The Court was required to determine two primary legal issues. Firstly, whether the applicant should be granted an extension of time to file his summons seeking leave to appeal. Secondly, the Court had to consider whether evidence of an admission made by the applicant to police, which was contrary to his evidence regarding a traffic incident, should have been excluded under section 84 of the *Evidence Act 1995* (NSW) on the grounds that it was influenced by oppressive conduct. The Court also considered the approach taken by the trial judge to medical records that contained information seemingly inconsistent with the applicant's evidence, which had been tendered by the applicant without explanation.

The Court dismissed the applications for leave to appeal. The reasoning for this decision was not detailed in the provided text, but it is clear that the Court found against the applicant on the preliminary issue of leave to appeal and the substantive issues raised. The Court applied principles relating to the granting of extensions of time and the admissibility of evidence, including the provisions of section 84 of the *Evidence Act 1995* (NSW) and the need for caution when dealing with medical records, as referred to in *Container Terminals Australia Ltd v Huseyin*.

Consequently, in each matter before the Court, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs.