Alfaro v Mark White, Director, Office of State Revenue

The applicant, Alfaro, sought leave to appeal from a decision of the primary judge who had struck out paragraphs of his statement of claim, albeit with liberty to re-plead. The respondent was the Director of the Office of State Revenue.

The Court of Appeal was required to determine whether the primary judge had erred in striking out the paragraphs of the statement of claim, and whether the applicant had been denied procedural fairness. The court also considered whether there was an arguable error or an issue of principle justifying leave to appeal.

The court found no arguable error on the part of the primary judge, nor any issue of principle that warranted granting leave to appeal. It was held that the applicant had failed to plead material facts that gave rise to a cause of action. Furthermore, the court concluded that the applicant had not been denied procedural fairness.

Consequently, the summons seeking leave to appeal was dismissed with costs.