Dokas v Gallagher (No 2)

The applicants, Dokas and Gallagher, sought leave to appeal from a decision of the primary judge. The dispute concerned the applicants' contention that their application for leave to appeal was brought under a question of "fact, law and jurisdiction," while the statutory right to appeal was confined to a "question of law." The matter came before the Court of Appeal of New South Wales, constituted by Kirk JA and Griffiths AJA.

The primary legal issues before the Court of Appeal were whether the applicants had identified a clear error or question of law sufficient to ground an application for leave to appeal under the relevant statutory provisions, and whether the Court should exercise its supervisory jurisdiction to grant certiorari for an alleged error of law on the face of the record, particularly when an application for leave to appeal was also being pursued.

The Court reasoned that the applicants had failed to clearly identify any error or question of law that would permit an appeal under the statutory limitation. Consequently, the Court determined that the application for leave to appeal was not properly before it. Furthermore, the Court declined to exercise its supervisory jurisdiction for judicial review, noting that the applicants were simultaneously seeking leave to appeal, which indicated a preference for the appellate route rather than a separate supervisory intervention.

The summons filed on 26 July 2024 was dismissed, with costs awarded to the respondent.