Fordyce v Leung

The proceeding concerned an application for leave to appeal from an order made by a District Court judge on 15 July 2021. The applicant, Mr Fordyce, sought to appeal against that order, which had been made in proceeding 2021/00018135. The respondents were Mr Leung and others.

The primary legal issues before the Court of Appeal were whether the District Court judge’s order of 15 July 2021 was a final order for the purposes of an appeal, and whether the applicant had established grounds for judicial review based on apprehended bias and a denial of procedural fairness. Additionally, the court considered the meaning of "action" within the context of section 127 of the *District Court Act 1973* (NSW).

The Court of Appeal determined that the order of 15 July 2021 was not a final order, and therefore, leave to appeal was required. The court found no error in the primary judge’s conduct, concluding that there was no basis for a claim of apprehended bias or a breach of procedural fairness. The court also interpreted section 127 of the *District Court Act 1973* (NSW) in a manner that did not assist the applicant’s case.

Consequently, the Court of Appeal dismissed the application for leave to appeal from the 15 July 2021 order with costs. The further amended summons dated 6 December 2021 was also dismissed, with its costs to be costs in the applicant’s summons in District Court proceeding 2021/00087811.