Ayoubi & Tawakol (No 2)

In *Ayoubi & Tawakol (No 2)*, the Supreme Court of New South Wales was asked to determine whether to grant an application for leave to appeal against an interlocutory order made by a registrar. The underlying dispute concerned a claim for damages arising from alleged breaches of contract and negligence.

The primary legal issue before Macmillan J was whether the registrar’s decision to refuse an adjournment of a hearing was an error that warranted appellate intervention. This involved considering the principles governing the grant of leave to appeal against interlocutory orders, particularly where the applicant sought to argue that the registrar had failed to exercise their discretion appropriately.

Macmillan J reasoned that leave to appeal against an interlocutory order should only be granted in limited circumstances, typically where there is a strong case that the order below was wrong or where the appeal raises an important question of law or practice. His Honour found that the registrar’s decision to refuse the adjournment was a proper exercise of discretion, taking into account the available evidence and the need for the proceedings to progress. The applicant had not demonstrated a sufficient likelihood of success on appeal or that the appeal would raise a significant question of law.

Consequently, leave to appeal was refused.