Fokas v Mansfield (No 3)

In *Fokas v Mansfield (No 3)*, the applicant sought a review of orders made by White JA, a single judge of the Court of Appeal, which had dismissed the applicant's appeal. The respondents were the first and third respondents in the original proceedings.

The central legal issues before the Court of Appeal were the scope of review available under section 101 of the *Supreme Court Act 1970* (NSW) and the construction of that section, specifically whether subsection (1), which grants a right of appeal, is subject to subsection (2), which requires leave to appeal in certain circumstances. The applicant contended that they had a right of appeal under section 101(1) and that the dismissal of their appeal by White JA was therefore erroneous.

The Court of Appeal held that section 101 of the *Supreme Court Act 1970* requires leave to appeal to the Court of Appeal from an order of a single judge of that court, unless the order falls within the exceptions provided in section 101(2). The court found that the orders made by White JA dismissing the applicant's appeal were not of a kind that could be appealed as of right under section 101(1). Consequently, the applicant's application for review of White JA's orders was dismissed.

The applicant's notices of motion for review were dismissed, and the applicant was ordered to pay the first and third respondents' costs of those motions.