When is the deadline for notice of motion for leave to appeal to the divisional court?
The catalogue records a 15 days period from The making of the order or decision from which leave to appeal is sought. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 days
- Trigger
- The making of the order or decision from which leave to appeal is sought
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- r 3.02(3) extension only by a judge of the appellate court.
- Leave from a panel of the Divisional Court is required for: an interlocutory order of a Superior Court judge (Courts of Justice Act, s 19(1)(b)); a final order of a Superior Court judge for costs (ss 19(1)(a) and 133(b)); and tribunal orders where the governing statute requires leave (r 62.02(1)). The grounds for leave are confined by r 62.02(4) to conflicting decisions or good reason to doubt correctness plus importance. The five-day filing period in r 61.03.1(3)(b) applies here too.