Carberry v Australian Capital Territory

The applicant, Carberry, sought leave to appeal an interlocutory judgment of the Supreme Court of the Australian Capital Territory. The respondent was the Australian Capital Territory. The precise nature of the dispute leading to the interlocutory judgment is not detailed in the provided text.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal against the interlocutory judgment. This required the court to consider the merits of the proposed appeal and whether it raised a question of law or a matter of public importance, or if there was a strong probability that the judgment below was wrong.

Elkaim J dismissed the application for leave to appeal. The reasons for this dismissal are not elaborated upon in the provided text, but the outcome indicates that the threshold for granting leave was not met.

Consequently, the application in proceeding filed on 21 September 2022 was dismissed, with each party ordered to bear their own costs of the application.