Dalati v Brown

The New South Wales Court of Appeal considered an application for leave to appeal in the matter of *Dalati v Brown*. The dispute concerned findings of fact made by the primary judge, which were central to the case.

The Court was required to determine whether to grant leave to appeal, particularly in circumstances where the proposed appeal was based on challenging the primary judge's findings of fact. These findings were understood to have been heavily influenced by the primary judge's assessment of the credibility of witnesses. The Court also considered whether the appeal raised any issue of principle or question of public importance.

Basten and White JJA refused leave to appeal, reasoning that the proposed appeal did not present any issue of principle or question of public importance. Their Honours noted that the appeal would primarily involve a re-examination of the primary judge's findings of fact, which were based on the assessment of witness credibility. Such appeals, without a broader legal or public significance, are generally not granted leave.

Consequently, the summons for leave to appeal was dismissed with costs.