IA v Ta (No 3)

This matter concerned an application for leave to appeal from interlocutory orders made during the case management of remitted proceedings. The applicant, IA, sought leave to appeal against these orders, which were made in the context of proceedings that had been remitted back to the court.

The primary legal issue before McColl and Meagher JJA was whether there was any arguable error or substantial injustice arising from the interlocutory orders, or whether the appeal raised a question of principle that warranted the granting of leave. The court was required to assess the merits of the application for leave to appeal against the backdrop of the ongoing case management of the remitted proceedings.

Their Honours concluded that there was no arguable error or substantial injustice demonstrated by the applicant, nor did the matter raise any question of principle. Consequently, the court found no basis upon which to grant leave to appeal. The applicant’s summons was therefore dismissed with costs.