Julia Wedding ATF the Julia Wedding Super Fund v Attorney General for NSW on behalf of State of NSW Government

The applicant, Julia Wedding ATF the Julia Wedding Super Fund, sought leave to appeal a decision of the primary judge who had summarily dismissed proceedings brought against the Attorney General for NSW on behalf of the State of New South Wales. The claims in tort alleged negligent conduct by various public authorities, Government Ministers, the police force, and a local council.

The central legal issue before the Court of Appeal was whether the primary judge had arguably erred in summarily dismissing the proceedings on the basis that the duties to citizens which the applicant sought to propound were not known to the law. The applicant contended that the primary judge's decision involved an arguable error.

McColl JA and Sackville AJA dismissed the application for leave to appeal. Their Honours found that the applicant had failed to identify any issue of principle, question of public importance, or substantial injustice that would warrant granting leave. The Court concluded that the applicant had not demonstrated that the primary judge had arguably erred in law by finding that the alleged duties were not recognised by Australian law.

The application for leave to appeal was dismissed with costs.