What type of cases generally require leave to appeal?

In New South Wales, certain types of rulings, particularly summary judgments and costs orders, often require leave to appeal before a higher court can review them. This requirement stems from the nature of these judgments, as they are usually made without a full trial process and thus can be more complex in terms of the grounds for appeal.

Summary judgments are decisions made by a judge without a full trial, typically to resolve cases where there is no significant issue to be tried. Since these are expedited judgments, appellate courts require appellants to demonstrate a compelling reason for appeal, ensuring that only serious or substantive issues are brought before them.

Costs orders, which determine who will bear the costs of litigation, also require the same careful scrutiny before appealing, as they arise from procedural matters rather than the substantive merits of the case. This ensures the judicial resources are reserved for matters of significant legal precedent or where the interests of justice require further examination.

Final judgments over certain monetary thresholds or criminal cases can often be appealed as of right under the relevant rules, which is not the case for the specific types of judgments mentioned. Therefore, the requirement for leave to appeal in these situations helps prioritize the appellate process and maintain judicial efficiency.