Horvath, An application by

This matter concerned an application by Horvath for leave to appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of Victoria. The application arose from proceedings in the Supreme Court of Victoria concerning the interpretation of a will.

The central legal issue before Gummow J was whether the applicant had established an arguable case of error on the part of the Full Court of the Supreme Court of Victoria, such that leave to appeal to the High Court should be granted. This required an assessment of whether the Full Court's interpretation of the will was demonstrably wrong or raised a question of law of general public importance.

Gummow J considered the principles governing the grant of special leave to appeal to the High Court, which require the applicant to demonstrate an arguable case of error or a question of general public importance. His Honour reviewed the decision of the Full Court of the Supreme Court of Victoria in light of these principles.

His Honour concluded that the applicant had not demonstrated an arguable case of error or a question of general public importance that warranted the grant of special leave to appeal. Accordingly, the application for leave to appeal was dismissed.