Croker v Attorney General of New South Wales

The applicant, Croker, sought leave to appeal against an order made by the Supreme Court of New South Wales. The nature of the dispute involved an application to set aside or vary a judgment or order, with the applicant being declared a vexatious litigant. The appeal was heard by Allsop ACJ and McColl JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the applicant had demonstrated sufficient grounds to warrant granting leave to appeal against the Supreme Court's decision. This required the Court to consider the merits of the applicant's proposed grounds of appeal and whether there was a real prospect of success.

The Court of Appeal considered the applicant's submissions and the relevant rules of the Uniform Civil Procedure Rules 2005, particularly those concerning the setting aside and variation of judgments and orders, and the time limits prescribed for such applications. After reviewing the material, the Court concluded that the applicant had not established a sufficient basis for granting leave to appeal.

Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the costs of the proceedings.