Michail v Mount Druitt and Area Community Legal Centre Inc

The case of *Michail v Mount Druitt and Area Community Legal Centre Inc* concerned an application for leave to appeal to the Court of Appeal of New South Wales from a decision that struck out part of the applicant's pleading. The applicant, Ms Michail, sought to appeal the primary judge's decision, alleging various errors.

The primary legal issues before the Court of Appeal were whether the primary judge erred in striking out parts of Ms Michail's pleading, and whether the circumstances warranted granting leave to appeal. Specifically, the court considered whether the appeal raised a question of principle or public importance, or presented a reasonably clear case of injustice. Further issues included whether the respondent, Mount Druitt and Area Community Legal Centre Inc, had acquiesced in the pleading, whether the respondent had breached procedural obligations, and whether Ms Michail had been denied procedural fairness or if the primary judge had displayed bias.

The Court of Appeal dismissed the summons and notice of motion seeking leave to appeal. The court found that the appeal did not raise a question of principle or public importance, nor did it present a reasonably clear case of injustice. The court was not satisfied that the primary judge had erred in striking out the relevant parts of the pleading, and therefore refused leave to appeal.

Consequently, the court ordered that Ms Michail pay the costs of the Mount Druitt and Area Community Legal Centre Inc, with such costs to be assessed on an indemnity basis.