O'Connor v State of New South Wales

The applicant, O'Connor, sought leave to appeal from a decision of the primary judge who had refused an application for an extension of time to bring judicial review proceedings against the State of New South Wales. The appeal concerned whether leave should be granted to raise points not previously considered by the primary judge, and whether the proposed appeal raised a question of principle, a matter of general importance, or an injustice extending beyond mere arguability.

The Court of Appeal was required to determine whether the primary judge erred in refusing the lengthy extension of time sought for the judicial review application. Furthermore, the court had to consider whether the applicant should be permitted to advance new arguments on appeal that were not canvassed in the proceedings before the primary judge, and whether the circumstances warranted the grant of leave to appeal based on the criteria of general importance or significant injustice.

Leeming and Simpson JJA dismissed the applicant's notice of motion and summons seeking leave to appeal. Their Honours concluded that the appeal did not raise a question of principle or a matter of general importance, nor did it demonstrate an injustice going beyond what was merely arguable. Consequently, leave to appeal was refused, and the applicant was ordered to pay the costs of the proceedings.