Collier v Country Women's Association of New South Wales (No 3)

In *Collier v Country Women's Association of New South Wales (No 3)*, the Court of Appeal of New South Wales considered an appeal by the applicant against a decision of the primary court. The dispute concerned the applicant's refusal to seek leave to appeal, which led to the dismissal of their notice of appeal.

The primary legal issue before the Court of Appeal was the competence of the appeal, specifically whether the applicant had properly sought and been granted leave to appeal, or whether the appeal could proceed without such leave. The court was required to determine the procedural requirements for bringing the appeal and the consequences of failing to comply with those requirements.

The Court of Appeal reasoned that the applicant had not sought leave to appeal as required by the relevant rules of court. Consequently, the notice of appeal was deemed incompetent. The court applied the principle that an appeal cannot proceed without the necessary leave being granted, and that failure to obtain such leave renders the appeal invalid. The court also dealt with various motions filed by the appellant, dismissing them and ordering the appellant to pay the respondent's costs in relation to both the notice of appeal and the various motions.