Kamm v State of New South Wales (No 3)

In *Kamm v State of New South Wales (No 3)*, the applicant, Mr Kamm, sought leave to amend a summons seeking leave to appeal against a decision of the State of New South Wales. The application was heard by Payne JA of the Court of Appeal of New South Wales.

The primary legal issue before the court was whether to grant the applicant leave to amend his existing summons seeking leave to appeal, particularly in light of a constitutional law issue that had arisen and the potential for delay in the prosecution of the appeal.

Payne JA considered the application for leave to amend the summons and the associated draft notice of appeal. The court's reasoning focused on the procedural aspects of allowing the amendment to incorporate the new constitutional law issue, noting that the prosecution of the appeal itself was not being unduly delayed by this procedural step. The court granted the applicant leave to file a motion and to move on it instanter, and also granted leave to amend the filed summons and to file a draft notice of appeal.

The court made several orders varying previous orders made on 3 February 2017, including setting a deadline for the applicant to file written submissions and confirming other existing orders. The costs of the motion and the hearing were reserved, and the matter was listed for further directions.