Preparation of Application of Leave
The party seeking to bring an appeal (known at this stage of the process as the ‘applicant’) must file an application for leave to appeal in the Supreme Court Office and notify the party on the opposing side of the case (known as the ‘respondent’) once lodged.
The respondent is then required to file a document (known as the respondent’s notice) setting out whether it opposes the application for leave to appeal and, if so, why. In most cases, the respondent opposes the application. However, there are a minority of cases in which the respondent does not oppose the application for leave as both parties are of the view that it is important that the Supreme Court provides clarity on an issue of law.
The applicant must then prepare and file four copies of an application for leave booklet. This booklet contains important documents needed in order for an application for leave to be considered and determined, such as the notice of the application for leave, the respondent’s notice, and the judgment sought to be appealed.
For more detailed information on how to prepare and file an application for leave, please click here.