Clarke v State of New South Wales

McColl and Ward JJA of the Court of Appeal of New South Wales considered an application for leave to appeal against interlocutory decisions made in proceedings between Clarke and the State of New South Wales. The applicant sought leave to appeal, but the Court was required to determine whether there were any prospects of success in the proposed appeal.

The central legal issue before the Court was whether the applicant had demonstrated sufficient grounds to warrant the granting of leave to appeal. This involved an assessment of the merits of the proposed appeal against the interlocutory decisions.

The Court concluded that the application for leave to appeal had no prospects of success. Consequently, the Summons for leave to appeal was dismissed. The applicant was ordered to pay the costs of the proceedings.