Pham v State of New South Wales

The applicant, Pham, sought leave to appeal from a decision of the primary judge in the Court of Appeal of New South Wales. The dispute concerned an issue that the applicant contended was not appropriately identified or determined at the trial.

The central legal issue before the Court of Appeal was whether the applicant had demonstrated that the primary judge had fallen into error in a manner that rose above merely arguable. This required the Court to consider whether the applicant had established a sufficient basis for granting leave to appeal, particularly in light of the way the issue had been presented at the trial.

The Court of Appeal found that the applicant had not demonstrated that the primary judge had erred. The Court reasoned that the issue sought to be raised on appeal had not been appropriately identified at the trial, and therefore, the applicant had failed to establish that the primary judge’s decision was demonstrably wrong. Consequently, the Court concluded that the applicant had not met the threshold for granting leave to appeal.

The applicant's summons seeking leave to appeal was dismissed with costs. The purported notice of appeal and amended notice of appeal were also dismissed as incompetent, and the applicant was ordered to pay the respondent's costs.