Dillon v Boland; Dillon v Cush

In *Dillon v Boland; Dillon v Cush*, the applicants sought leave to appeal from a decision of the primary judge. The dispute concerned an application to amend pleadings, and the central issue before the Court of Appeal was whether to grant leave to appeal from an interlocutory decision concerning that application.

The Court of Appeal was required to determine whether to grant leave to appeal from the primary judge's refusal to allow an amendment to the pleadings. This involved considering the delay between the oral delivery of the reasons for judgment and the provision of the revised judgment, and the subsequent delay in the applicants filing their application for leave to appeal. The Court also had to assess the potential prejudice to long-established trial dates caused by such delays.

The Court of Appeal refused leave to appeal. Their Honours emphasised the importance of practitioners taking accurate notes during oral judgments and highlighted the risks associated with delays in seeking leave to appeal, particularly the potential disruption to court lists and established trial dates. The Court noted the provisions of the Uniform Civil Procedure Rules 2005 regarding the entry and variation of judgments, including the fourteen-day time limit for setting aside or varying orders.

The application for leave to appeal was dismissed with costs.