Islam v Ratul

The parties in this matter were Islam and Ratul. The dispute concerned an interlocutory decision made by a primary judge. The appeal was heard by Ward P and Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted against the interlocutory decision. This involved considering whether there was any material error in the primary judge's decision and whether an appeal would have any utility, particularly given the proximity of the final hearing.

The Court of Appeal refused leave to appeal. Their Honours reasoned that no material error had been demonstrated in the primary judge's decision. Furthermore, they considered that the appeal would lack utility due to the impending final hearing, rendering any appellate intervention impractical and inefficient.

Consequently, the summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the costs of the respondent.