Favre v Baldwin

The parties in this matter were Favre and Baldwin. The dispute concerned an application for leave to appeal a decision regarding a mandatory interlocutory injunction, made pursuant to section 62 of the Succession Act 2006 (NSW). The application was heard by Bell CJ, Leeming and McHugh JJA.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted in relation to the interlocutory injunction. This required the court to consider the merits of the proposed appeal and whether it raised a question of law or a matter of public importance that warranted appellate intervention at this stage.

The Court of Appeal refused leave to appeal. While the specific reasoning for this refusal is not detailed in the provided text, it is implicit that the court found no sufficient grounds to grant leave, meaning the appeal was unlikely to succeed or did not meet the threshold for appellate review. The application for leave to appeal was therefore dismissed.

The final orders of the court were that the application for leave to appeal be refused, with costs awarded to the respondent.