N'Ge-Sala v NSW Police Force

The appeal concerned an application by Mr N’Ge-Sala against the NSW Police Force. The dispute arose from an interlocutory decision made by the primary court. Mr N’Ge-Sala sought to appeal this interlocutory decision to 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 also required to consider the general principles governing appeals from summary dismissals and interlocutory decisions, particularly in relation to the requirement for leave to appeal.

Ward JA determined that the appeal was incompetent because leave to appeal had not been sought or granted, as is generally required for interlocutory decisions. The court applied the principle that appeals from interlocutory decisions are not permitted as of right and require the grant of leave by the appellate court. Without this necessary leave, the appeal could not proceed.

Consequently, the Court of Appeal dismissed the appeal as incompetent. In accordance with the general rule that costs follow the event, Mr N’Ge-Sala was ordered to pay the State’s costs of the appeal proceedings.