Air Marshal Errol John McCormack v Russell Vance

The proceeding concerned an application for leave to appeal from an interlocutory order made in the Supreme Court of New South Wales. The parties involved were Air Marshal Errol John McCormack, the applicant, and Russell Vance, the respondent.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal from the interlocutory order. The court was required to consider the merits of the proposed appeal and determine if it raised a question of law or mixed law and fact that warranted appellate review.

The Court of Appeal, comprising Gray P, Refshauge and Marshall JJ, did not determine the substantive merits of the application for leave to appeal. Instead, the court ordered that the application be adjourned to a mention before Refshauge J on 16 December 2008. This indicates that further procedural steps or considerations were required before the application could be finally determined.