BP v State of New South Wales

The applicant, BP, sought leave to appeal out of time against orders made by a judge of the Supreme Court of New South Wales. The proceedings concerned the revocation of interim supervision orders made under the *Terrorism (High Risk Offenders) Act 2017* (NSW). The State of New South Wales was the respondent.

The central legal issue before the Court of Appeal was whether there remained an operative order that BP was entitled to appeal, given that the interim supervision orders had been revoked by the primary judge. This question involved considering the nature of appeals and whether parties could appeal reasons for judgment in the absence of an operative order.

The Court of Appeal held that leave to appeal out of time should be revoked. Their Honours reasoned that the revocation of the interim supervision orders meant there was no longer an operative order from which an appeal could be brought. The court emphasised that appeals lie against orders, not reasons for judgment, and that in the absence of an appealable order, the appeal could not proceed.

Consequently, the Court of Appeal ordered that leave to appeal out of time be revoked and that the proceedings be dismissed.