Nguyen & Ors v Nguyen

This matter concerned an application for special leave to appeal to the High Court of Australia from a judgment of the Full Court of the Supreme Court of Queensland. The original proceedings were a dependency action brought by the deceased wife's two children and husband, who had recovered a substantial judgment of approximately $179,000 in the Supreme Court.

The legal issue before the High Court was whether special leave to appeal should be granted. This involved considering whether the case met the criteria prescribed by section 35(a) of the relevant legislation, which typically relates to matters of public importance or where there is a need for the High Court to clarify or develop the law.

The Full Court of the Supreme Court of Queensland had made comments suggesting a view on the appropriateness of the case, which led the respondent's counsel to concede that the application fairly raised the criteria for special leave. Given this concession and the apparent indication from the Full Court, the High Court granted special leave to appeal.