Fuller v Albert (No 3) [2021] NSWCA 226

[7] At the outset, it needs to be understood that a Notice of Contention – unlike a Notice of Appeal, or a Notice of Motion – is not a process which seeks relief, and does not require disposition in the sense of orders being made pursuant to it, or dismissing it. A Notice of Contention merely serves to give notice, to avoid surprise, that the respondent to an appeal will rely on arguments not accepted or relied upon by the primary judge, to uphold the decision. If, as in this case, notwithstanding a Notice of Contention, an appeal is allowed and the orders of the primary judge are set aside, the Court has necessarily decided that the judgment should not be upheld on the grounds advanced in the Notice of Contention.