Collier v Attorney General for New South Wales (No 2)

The parties to this matter were Mrs Collier and the Attorney-General for New South Wales. The dispute concerned an application for leave to appeal an interlocutory decision that had dismissed an application for summary dismissal of a summons. The matter came before Leeming and White JJA of the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant leave to appeal the interlocutory decision. This involved determining whether the appeal raised a question of principle, which is a prerequisite for granting leave to appeal in such circumstances.

The Court determined that the appeal did not raise a question of principle. Consequently, leave to appeal was refused. The Court noted that the Attorney-General for New South Wales consented to Mrs Collier being permitted to file and serve any evidence on which she sought to rely by a specified date, in addition to her submissions in response to the Attorney-General’s summons. The Court reserved its reasons for the orders made.