May v Northern Beaches Council

May (the applicant) sought leave to appeal an interlocutory decision of the Land and Environment Court of New South Wales, which had summarily dismissed judicial review proceedings against Northern Beaches Council and the Minister for Planning and Public Spaces (the respondents). The applicant had not advanced any discrete basis for the grant of leave to appeal, instead relying on the proposed grounds of appeal themselves to support the application.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal the Land and Environment Court's decision to summarily dismiss the judicial review proceedings. This involved considering whether the applicant had demonstrated sufficient grounds to warrant appellate intervention at this interlocutory stage.

The Court of Appeal refused the application for leave to appeal. Their Honours found that the applicant had not established any compelling reason for leave to be granted, and the proposed grounds of appeal did not demonstrate a strong likelihood of success or raise issues of sufficient importance to justify appellate review of the interlocutory decision. Consequently, the Court refused an extension of time to seek leave to appeal and dismissed the summons seeking leave to appeal. The applicant was ordered to pay the second respondent's costs of the application for leave to appeal and the notice of motion filed on 27 July 2023.