Appealing the decision

If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.

You cannot appeal just because you do not like the Court’s decision.

You can only appeal if: ​

• ​you have been denied procedural fairness, for example, you were not given a fair chance to present your case.
• the Court made a decision or order that it did not have the power to make.

You can’t appeal just because you don’t like the Court’s decision.

If you are unhappy with the decision of the Local Court, you may be able to appeal to the Supreme Court within 28 days.

You can appeal on a question of law. This includes situations where the Court:

• did not follow the law correctly
• had no evidence to support a decision or conclusion that it reached
• made a decision or reached a conclusion that was contrary to the evidence.

You may be able to appeal with the leave (permission) of the Court about:

• a question of mixed law and fact
• an interlocutory judgment or order
• a judgment or order made by consent
• a costs order made against you.

You need to complete:

• a Summons commencing an appeal (Part 50) / Summons seeking leave to appeal (Part 50)
• a Form 40 - Affidavit.

You can do this: 

• online, via the NSW Online Registry, or 
• in writing.

You can get a copy of this form from:

• your nearest Local Court registry, or  
• the Uniform Civil Procedure Rules Civil Forms website.

In your form, you must state:

• whether the appeal relates to the whole or part of the court’s decision, and which parts
• the grounds you are relying on in support of your appeal, including any errors of law made by the Court 
• what decision you want the appeal court to make.

If you are asking for leave to appeal, you must also state:

• the nature of the case
• the reasons why leave should be given 
• the reasons why time to apply for leave should be extended, if necessary.

Your affidavit must annex:

• a sealed copy of the order that you are appealing and a certified copy of the reasons for the decision 
• a copy of the transcript of the hearing 
• a copy of any exhibit, affidavit or other document from the hearing that you want the Court to consider in your appeal.

Generally, your appeal will be a re-hearing of the evidence that was given at the first hearing. The Court will consider:

• the documents produced the original hearing
• the transcript of the original hearing.

The Court can’t receive fresh evidence except on special grounds. 

After hearing your appeal, the Court may:

• vary the terms of the judgment or order
• set aside the judgment or order
• set aside the judgment or order and remit your case back to the Local Court for determination in accordance with the District Court’s directions 
• dismiss your appeal.

If your appeal is dismissed, it is very likely that you will be ordered to pay the other party’s legal costs.

If you are unhappy with the decision of the District Court, you may be able to appeal to the Supreme Court within 28 days of the date of the decision.

If you are unhappy with the decision of the Supreme Court, you may be able to appeal to the Court of Appeal within 28 days of the date of the decision.

You will need to ask for leave (permission) to appeal:

• an interlocutory judgment
• a judgment with a value of less than $100,000
• a summary judgment
• a judgment or order made by consent
• a costs order made against you.

You need to complete a Form 105 – Notice of appeal (Court of Appeal).

You can get a copy of this form from:

• your nearest Local Court registry, or 
• the Uniform Civil Procedure Rules Civil Forms website.

In your form, you must state:

• the statutory provision under which you are appealing
• whether you are appealing the whole or part of the decision, and which part
• a brief overview of the grounds of the appeal
• what orders you are seeking
• any material facts you believe the Court should or shouldn’t have found.

You need to complete:

• Form 104 - Summons seeking leave to appeal (Court of Appeal)
• Form 105 - Notice of appeal (Court of Appeal).

You can get a copy of these forms from:

• your nearest Local Court registry, or 
• the Uniform Civil Procedure Rules Civil Forms website.

You must also prepare a White Folder that contains:

• a copy of your Form 104 - Summons seeking leave to appeal (Court of Appeal)
• a draft copy of your Form 105 - Notice of appeal (Court of Appeal)
• a summary of argument
• a copy of the reasons given by the District or Supreme Court
• any other document that the Court needs to consider when deciding whether to grant you leave.

Your summary of argument state:

• the nature of your case
• the questions involved in your case
• a brief overview of your argument
• the reasons why you should be granted leave
• any reasons why an order for costs should not be made against you if your appeal is refused
• whether your request for leave should be heard at the same time as your appeal
• a list of relevant cases and legislation. 

You must obtain a copy of the transcript to provide to the Court.

To get a copy of a transcript from the Local Court or District Court, you can do this:

• online, via the Online Transcripts Portal on the Online Registry website, or
• by completing a Transcript order from Local and District Courts form.

For more information, see Transcripts forms and fees on the Department of Communities and Justice website.

To get a copy of a transcript from the Supreme Court, you can do this:

• online, via the Online Transcripts Portal on the Online Registry website, or
• by completing a Supreme Court of New South Wales Civil Jurisdiction TRANSCRIPT ORDER FORM.

For more information, see Order a transcript on the Supreme Court of NSW

Appealing won’t does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made.

You may be able to apply to stay (stop) the execution of the judgment or order while you get advice about whether you can appeal, or until your appeal is heard.

The Court can make orders to:

• prohibit the Sheriff from taking any further action on a writ 
• prohibit any other person from taking any further action to enforce a judgment or order.

As a condition of a stay, the Court may order you to pay some or all of the judgment, or security for the costs of the appeal.

The Court can refuse to make a stay order where there is a risk that the assets of the applicant will be disposed of if the order is made. If the Court refuses your request for a stay, the other party can enforce the judgment.

To apply for a stay of enforcement, you need to complete a: 

• Form 20 – Notice of Motion
• Form 40 – Affidavit.

You can do this:

• online, via the NSW Online Registry, or  
• in writing.

For more information, see Step by step guide: Stay of enforcement.

If you apply for a stay order, you need to serve your Notice of Motion and Affidavit on the other party at least three days before the date fixed for the motion. 

You can do this:

• in person, or
• by post, to the other party’s address for service.

Generally, your appeal will be a re-hearing of the evidence that was given at the first hearing.

The Court will consider:

• the documents produced at the original hearing
• the transcript of the original hearing. 

The Court cannot receive fresh evidence except on special grounds.

After hearing your appeal, the Court may:

• vary the terms of the judgment or order
• set aside the judgment or order
• set aside the judgment or order and remit your case back to the Local Court for determination in accordance with the District Court’s directions
• dismiss your appeal.

The Court will have the same powers as the Local Court to:

• draw inferences and decide the facts, and
• assess damages.

If your appeal is dismissed, it is very likely that you will be ordered to pay the other party’s legal costs.