Martin v State of New South Wales (No 12)

The appeal concerned an application by the appellant, Martin, against the State of New South Wales. The dispute revolved around an interlocutory decision of the primary court. The appeal was heard by Basten JA and Handley AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether leave to appeal was required for the interlocutory decision, and if so, whether such leave should be granted. The Court was required to determine if the appeal, as presented, was limited to a question of law, a prerequisite for an appeal without leave in certain circumstances.

The Court reasoned that the appeal was not limited to a question of law and therefore required leave. As leave had not been sought or granted, the appeal was deemed incompetent. The Court applied the principles governing appeals from interlocutory decisions, emphasizing the statutory requirement for leave in such instances and the limited scope of appeals that proceed without leave.

Consequently, the Court of Appeal ordered that the appeal be struck out as incompetent and refused leave to appeal. The appellant was also ordered to pay the respondents' costs in the Court of Appeal.