McGettigan v Coulter

The proceeding concerned an application for leave to appeal from orders made by a judge of the Supreme Court of New South Wales under section 8 of the *Vexatious Proceedings Act 2008* (NSW). The applicant, McGettigan, sought leave to appeal against those orders, while the respondent was Coulter.

The primary legal issues before the Court of Appeal were whether leave to appeal was required from the orders made under the *Vexatious Proceedings Act*, and if so, whether the application for leave met the criteria for granting such leave. Specifically, the court had to determine if the orders were interlocutory, thereby requiring leave under section 101(2)(e) of the *Supreme Court Act 1970* (NSW), and whether the appeal involved an issue of principle, a question of public importance, or a reasonably arguable case of injustice.

The Court of Appeal held that the orders made under section 8 of the *Vexatious Proceedings Act* were interlocutory in nature, and therefore, leave to appeal was required. The court found that the application for leave did not raise any issue of principle or question of public importance, nor did it demonstrate any reasonably arguable errors or injustice. Consequently, the court dismissed the application for leave to appeal.

The Court of Appeal granted an extension of time for the filing of the application for leave to appeal but ultimately dismissed the application for leave to appeal, ordering that McGettigan pay Coulter's costs.