Gorczynski v W and FT Osmo Pty Ltd

The applicant, Gorczynski, sought leave to appeal from an interlocutory decision of an Associate Judge of the Supreme Court of New South Wales. The respondents were W and FT Osmo Pty Ltd. The dispute concerned the applicant's request for preliminary discovery.

The primary legal issue before the Court of Appeal was whether the Associate Judge erred in refusing to order preliminary discovery. This required the court to consider the principles governing the grant of preliminary discovery and the threshold for establishing an appellable error in such a refusal.

The Court of Appeal found no error in the Associate Judge's decision. Applying the principles relevant to preliminary discovery, the court determined that the applicant had not demonstrated that the refusal to order discovery was wrong. Consequently, the court concluded that leave to appeal should be refused.

The summons seeking leave to appeal was dismissed with costs.