Di Fede v Police; Di Fede v Police

The applicants, Di Fede and Di Fede, sought an extension of time, permission to appeal, and a stay of proceedings against the respondent, the Police. The applications concerned an interlocutory decision made by Nicholson J.

The primary legal issue before the Court was whether the applicants had demonstrated sufficient grounds to warrant an extension of time and permission to appeal against the interlocutory decision. This involved assessing the merit of their proposed grounds of appeal.

The Court found that the applicants had failed to provide any compelling reasons to doubt the correctness of Nicholson J's decision. Consequently, their proposed grounds of appeal were not considered to have any merit. The Court applied the principle that leave to appeal from interlocutory decisions is not granted as a matter of course and requires a demonstration of arguable grounds.

Accordingly, the Court dismissed the applications for an extension of time, for permission to appeal, and for a stay of proceedings.