Donaldson v State of New South Wales

The applicant, Donaldson, sought leave to appeal to the Court of Appeal of New South Wales against a decision refusing an earlier application for leave to appeal. The respondent was the State of New South Wales.

The central legal issue before the Court of Appeal was whether the proposed appeal, which was an appeal from a refusal of an earlier application for leave to appeal, was competent.

Basten JA determined that the Court of Appeal's jurisdiction to hear appeals is limited to appeals from judgments in a Division. As the applicant was seeking to appeal from a refusal of an application for leave to appeal, which was not a judgment in a Division, the proposed appeal was therefore incompetent.

Consequently, the summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the costs of the State of New South Wales.