Falamaki v Wollongong City Council

Falamaki appealed to the Court of Appeal against a decision of the Land and Environment Court. The dispute concerned the Land and Environment Court's jurisdiction to hear an appeal against an interlocutory decision.

The primary legal issue before the Court of Appeal was whether section 58 of the *Land and Environment Court Act 1979* (NSW) permitted an appeal as of right to the Court of Appeal from a decision of the Land and Environment Court that was not final.

The Court of Appeal held that section 58 of the *Land and Environment Court Act 1979* (NSW) only allows an appeal to the Court of Appeal as of right where the decision of the Land and Environment Court is final. As the decision under appeal was interlocutory, an appeal as of right was not available. Consequently, leave to appeal was required. The Court found no grounds to grant leave to appeal.

Leave to appeal was refused, and the appeal was dismissed.