Michael Wilson & Partners v Emmott

Michael Wilson & Partners sought leave to appeal interlocutory orders made by the primary judge that set a substantive matter down for hearing. The appeal was heard by Ward P and Griffiths AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the applicants had satisfied the criteria for granting leave to appeal an interlocutory order. Specifically, the court had to determine if the applicants had demonstrated that the appeal involved a question of general principle, a question of public importance, or would occasion substantial injustice to the applicants if leave were refused.

The Court of Appeal dismissed the summons seeking leave to appeal, finding that the applicants had not identified a principle of general application or a question of public importance, nor had they established that a substantial injustice would occur. Consequently, the application for an extension of time to file the summons and the notice of motion were also dismissed. The court ordered that the applicant pay the respondent's costs of the summons seeking leave to appeal, with no order as to costs for the notice of motion.