Boulos v Martin (No 2)

In *Boulos v Martin (No 2)*, the appellant, a self-represented litigant, sought a review of a prior decision by the Court of Appeal of New South Wales which had refused him leave to appeal. The application was brought by way of a Notice of Motion.

The central legal issue before the Court was whether the earlier refusal of leave to appeal had been made "irregularly, illegally or against good faith" within the meaning of rule 36.16 of the *Uniform Civil Procedure Rules 2005* (NSW). This rule permits the court to set aside or vary a judgment or order in such circumstances.

The Court reasoned that a refusal of leave to appeal, in itself, does not demonstrate a denial of good faith or a breach of natural justice. The appellant had not provided any evidence to suggest that the refusal was made in a manner that was irregular, illegal, or against good faith. Consequently, the Court found no basis to grant the review sought under rule 36.16.

The Court ordered that the aspect of the Notice of Motion seeking to review the decision of 26 March 2012 refusing leave to appeal be dismissed.