A v A

In *A v A*, the Court of Appeal considered an application for leave to appeal an interlocutory decision concerning a protected estate manager appointed as a tutor. The applicant sought to appeal without the tutor's involvement and requested a stay of proceedings pending the appeal.

The central legal issues before the Court of Appeal were whether to grant leave to appeal, whether to grant a stay of proceedings, and whether there were special grounds to permit the issuing of subpoenas for further evidence. These questions required the Court to assess the seriousness of the issues for determination, the risk of prejudice or damage to the parties, and whether the appeal would be rendered abortive if not heard. The Court also had to consider the balance of convenience in determining whether to allow further evidence.

Gleeson JA dismissed the applicant's notice of motion, finding that the threshold for granting leave to appeal and a stay had not been met. The Court applied principles relating to the exceptional circumstances required for interlocutory appeals and stays, particularly where a protected person's interests are involved. The decision underscored the need for a compelling demonstration of serious issues and a significant risk of prejudice to justify such measures, alongside a favourable balance of convenience.

The applicant's notice of motion filed 6 October 2015 was dismissed with costs.