Baba v Sheehan

In *Baba v Sheehan*, the Court of Appeal considered an application by the appellant for leave to amend their notice of appeal. The proposed amendment sought to add a new ground of appeal alleging the invalid appointment of a trustee. This issue had not been raised before the primary judge.

The central legal issue before the Court of Appeal was whether to grant leave to amend the notice of appeal to include the ground concerning the trustee's appointment. The Court had to consider the timing of the application, which was made on the day of the hearing, and the practical utility of agitating the ground given that the validity of a subsequent appointment of the same trustee remained unchallenged.

The Court refused leave to amend. Their Honours reasoned that the application was made at a late stage and that there was no practical utility in allowing the appeal to proceed on a ground that would not ultimately affect the outcome, particularly where the validity of a subsequent appointment of the same trustee was not in dispute. The principles applied focused on the efficient administration of justice and the avoidance of futile litigation.

Consequently, the Court of Appeal ordered that the application for leave to amend the Notice of Appeal be refused.