Collier v Attorney General for NSW

The applicant, Mrs Collier, sought leave to appeal against an interlocutory ruling of the Supreme Court of New South Wales concerning her access to documents held by the court. These documents were from proceedings to which Mrs Collier was a party, and she sought access to them in support of an application she intended to make under the *Vexatious Proceedings Act 2008* (NSW). The Attorney-General objected to the release of these documents.

The Court of Appeal was required to determine whether the primary judge erred in refusing Mrs Collier access to the documents. Specifically, the court considered whether Mrs Collier had demonstrated an arguable ground of error in the primary judge's decision, particularly in light of her allegations of bias against the primary judge and unsubstantiated claims of perjury by her solicitor. The court also had to assess whether any delay in the delivery of the primary judge's judgment had caused Mrs Collier prejudice.

Basten and Brereton JJA dismissed Mrs Collier's application, finding that she had not demonstrated any arguable ground of error in the primary judge's ruling. The court found that the allegations of bias and perjury were unsubstantiated and that Mrs Collier had not shown that she had suffered prejudice due to any delay in the judgment. The court applied the principles governing applications for leave to appeal, requiring an arguable ground of error or a strong case for appeal, which were not met in this instance.

Consequently, the Court of Appeal dismissed Mrs Collier's notice of motion and her application for leave to appeal, ordering her to pay the Attorney-General's costs of the proceedings in the Court of Appeal.