Commissioner of Police v Goodwin

The Commissioner of Police sought leave to appeal from a decision of the District Court of New South Wales. The dispute concerned the granting of leave to appeal, specifically whether an error of law had occurred in the District Court's determination, and whether leave to appeal should be granted in light of the principle of the finality of litigation. The appeal was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the District Court had erred in law in its decision regarding the application for leave to appeal. This involved considering the threshold for granting such leave and the importance of bringing litigation to a close.

The Court of Appeal reasoned that an error of law had indeed been made by the District Court. The Court applied principles relating to the finality of litigation, but found that the circumstances warranted the granting of leave to appeal. Consequently, the Court allowed the appeal, set aside the orders made by the District Court on 13 June 2008, and ordered the respondent to pay the costs of the appeal, with a provision for a Suitor's Fund certificate if the respondent was otherwise entitled.