Four2Five Pty Ltd v Ashfield Council

Four2Five Pty Ltd sought leave to appeal to the Court of Appeal of New South Wales against a decision of the primary judge. The dispute concerned an application for development consent.

The Court of Appeal was required to determine whether leave to appeal should be granted, particularly in relation to a point of law that had not been pressed before the primary judge. It also had to consider whether an error of law was demonstrated in the decision under appeal.

Meagher and Leeming JJA refused leave to appeal. Their Honours reasoned that leave would not be granted in respect of a point not pressed below, as this would generally require exceptional circumstances. Furthermore, no error of law was demonstrated in the primary judge's decision.

Consequently, the Court of Appeal refused leave to appeal and dismissed the Notice of Motion filed by Four2Five Pty Ltd.