DEF v Trappett

The applicant, DEF, sought leave to appeal from a decision of the Supreme Court of New South Wales, which had refused to grant leave to appeal from a decision of a private body. The dispute concerned allegations by DEF that it had been denied procedural fairness in the initial determination made by the private body.

The central legal issue before the Court of Appeal was whether the availability of a subsequent review process, which might have the capacity to remedy any procedural unfairness in the initial determination, was a relevant consideration in determining whether to grant leave to appeal from a decision refusing judicial review of that initial determination.

The Court of Appeal confirmed the order made by the primary judge refusing leave to appeal. The Court reasoned that the availability of a review process that could cure any defect in the initial decision was a significant factor in assessing whether there was a “fairly arguable” case for leave to appeal. In this instance, the Court found that the prospect of a complete review of the merits of the decision meant that the applicant had not demonstrated a fairly arguable case for leave to appeal.

Accordingly, the Court of Appeal confirmed the order refusing leave to appeal and made no order as to costs.