Albecz v Bloom

The parties to this proceeding were Albecz (the applicant) and Bloom (the respondent). The dispute concerned an application for leave to appeal an interlocutory judgment of the Supreme Court of New South Wales. The underlying matter involved an application to appoint an administrator *pendente lite* and to prevent the respondent, who had been granted probate in common form, from recovering costs from the estate, as well as to recoup costs already paid.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted from the interlocutory procedural orders made by the primary judge. This required the Court to consider the principles governing appeals from such orders, particularly in circumstances where the applicant alleged the executor was protecting personal interests rather than acting in the best interests of the estate and questioned the executor's obligation to seek judicial advice.

The Court of Appeal dismissed the summons for leave to appeal. The reasoning, though not detailed in the provided text, would have involved an assessment of whether the applicant had demonstrated sufficient grounds to warrant an appeal from an interlocutory decision, likely finding that the threshold for granting leave was not met. The Court also ordered that the applicant pay the respondent's costs in the Court of Appeal.