Cai v Fairfield City Council

The applicant, Cai, sought leave to appeal against orders made by the primary court in proceedings against Fairfield City Council. The Court of Appeal was asked to determine whether there was an arguable basis for the proposed appeal.

The central legal issue before the Court of Appeal was whether the applicant had identified any arguable ground upon which to challenge the orders made by the primary court.

Macfarlan and Brereton JJA found that the application for leave to appeal lacked an arguable basis. Their Honours noted that no specific ground for challenging the orders below had been identified by the applicant. Consequently, the application for leave to appeal was refused with costs.