Appeal a district or supreme court decision about a debt

When you can appeal

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.

How to appeal

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.

Filing your documents 

You can file your completed form in person at the Court registry, or by post.

You need to file at least three copies of your completed form.

You should make a copy of your completed form and attachments before you file them. 

You should send your forms to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the Supreme Court of NSW website. 

When you file your form, you will have to pay a filing fee. For more information, see Fees on the Supreme Court of NSW website.

If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed. 

If you post your form, it won’t be processed until you have paid the filing fee.

Serving the other parties

You need to serve a copy of your sealed form on the other party(s) as soon as practicable.

You must also file a sealed copy of your form with the District or Supreme Court.

Asking for leave to appeal

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. 

Filing your documents 

You can file your completed forms and White Folder in person at the Court registry, or by post.

You must serve at least three copies of your White Folder.

You should make a copy of your completed form and attachments before you file them.

You should send your forms to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the Supreme Court of NSW website. 

When you file your form, you will have to pay a filing fee. For more information, see Fees on the Supreme Court of NSW website.

If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed. 

If you post your form, it won’t be processed until you have paid the filing fee.

Serving the other party

You need to serve your White Folder on the other party(s) as soon as practicable.

You must also file a sealed copy of your Summons with the District or Supreme Court.

Transcript

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

Stay of enforcement

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.

Serving your documents

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.

The hearing

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.

The decision

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.

Costs

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