Collier v Lancer (No 2)

In *Collier v Lancer (No 2)*, the applicant sought leave to appeal from a summary dismissal of proceedings. The dispute concerned the applicant's attempt to re-agitate issues previously determined in other proceedings, specifically relating to the refusal of leave to withdraw a guilty plea. The matter was heard by Ward and Leeming JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether an extension of time should be granted to file the summons seeking leave to appeal, and whether leave to appeal should be granted from the summary dismissal. The Court was required to consider whether the case involved a question of principle, public importance, or circumstances where an injustice had demonstrably occurred due to an error in the judgment, beyond mere arguability.

The Court reasoned that the applicant was seeking to re-litigate matters that had already been decided. Applying the principles governing applications for leave to appeal, particularly concerning the threshold for demonstrating an arguable case of error or injustice, the Court found that the applicant had not met the necessary criteria. While the Court granted an extension of time to file the summons, it ultimately dismissed the summons seeking leave to appeal.