Paramasivam v Sabanathan

In *Paramasivam v Sabanathan*, the New South Wales Court of Appeal considered an application for leave to appeal from an interlocutory decision of the primary judge. The applicant, Mr. Paramasivam, sought to appeal the summary dismissal of his proceedings against the respondent, Mr. Sabanathan.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted. This required the Court to assess whether the proposed appeal had any merit, given that appeals from interlocutory decisions generally require leave.

Gleeson and Leeming JJA determined that the proposed appeal was devoid of merit. Their Honours applied the principle that leave to appeal from an interlocutory decision will only be granted where there is a reasonably arguable case of error by the primary judge. Finding no such error in the summary dismissal, leave was refused.

Consequently, the Court of Appeal refused leave to appeal and ordered that Mr. Paramasivam pay Mr. Sabanathan's costs.