Szeto v Situ (No 2)

In *Szeto v Situ (No 2)*, the New South Wales Court of Appeal considered applications by the respondents to strike out the appellant's notice of appeal and to dismiss the appeal. The dispute concerned the appellant's challenge to orders made by the primary judge in earlier proceedings.

The Court was required to determine whether the appellant's notice of appeal had been validly filed and served, and consequently, whether the appeal itself was properly before the Court. The respondents argued that the appeal was out of time and that the appellant had failed to comply with procedural requirements for filing and serving the notice of appeal.

The Court of Appeal found that the appellant had not complied with the relevant rules of court regarding the filing and service of the notice of appeal. Specifically, the Court determined that the notice of appeal had not been filed within the prescribed time limits and that the service effected was also defective. The Court applied the principles governing the timely and proper institution of appeals, noting that strict adherence to procedural rules is generally required.

Consequently, the Court of Appeal dismissed the respondents' notices of motion, meaning the appellant's appeal was not allowed to proceed.