Bagshaw v State of New South Wales (No 2)

The applicant, Bagshaw, sought leave to appeal from an interlocutory order made by the Supreme Court of New South Wales. The respondent was the State of New South Wales. The application for leave to appeal was heard by Macfarlan and Payne JJA in the Court of Appeal.

The central legal issue before the Court of Appeal was whether there was a question of principle involved in the proposed appeal from the interlocutory order. The court was required to determine if the circumstances warranted granting leave to appeal, considering the nature of the interlocutory order and the absence of any broader legal principle at stake.

The Court of Appeal concluded that no question of principle was involved in the proposed appeal. Consequently, the court dismissed the summons seeking leave to appeal and ordered the applicant to pay the costs of the respondent.