Gwynvill Properties Pty Ltd v UTSG Pty Ltd

Gwynvill Properties Pty Ltd sought leave to appeal from interlocutory orders made by the primary judge. The dispute concerned a matter of practice and procedure. The application for leave to appeal was heard by Leeming and White JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the interlocutory orders involved the exercise of discretion on a matter of practice and procedure, and if so, whether there was a reasonable prospect of success on appeal. The Court was required to determine if the appeal raised a question of principle that warranted the granting of leave.

Leeming and White JJA reasoned that an appeal from an exercise of discretion on a matter of practice and procedure is generally an inappropriate vehicle for considering a question of principle. They found that the applicant had not demonstrated a reasonable prospect of success on appeal, and therefore, leave to appeal should be refused.

Consequently, the Summons seeking leave to appeal filed on 6 June 2017 was dismissed. No orders were made as to costs, with the intention that the parties bear their own costs.