Bobolas v Waverley Council (No 2)

The summons seeking leave to appeal in *Bobolas v Waverley Council (No 2)* was dismissed by Macfarlan JA of the Court of Appeal of New South Wales. The applicant had filed the summons over three months prior to the hearing but had taken no further steps in the proceedings.

The primary legal issue before the Court was whether to grant leave to appeal, given the applicant's inaction and failure to identify any arguable grounds for the appeal. The Court was also required to consider the applicant's failure to comply with the Court's directions without adequate explanation.

Macfarlan JA dismissed the summons for want of prosecution. His Honour reasoned that the applicant had not demonstrated any basis upon which the proposed appeal might succeed, nor had they provided a satisfactory explanation for their prolonged inactivity and non-compliance with Court directions. The Court applied the principle that a party seeking leave to appeal must actively prosecute their application and demonstrate a genuine prospect of success.

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