Potier v The Responsible Officer, NSW State Parole Authority

The applicant, Potier, sought leave to appeal against a decision of the NSW State Parole Authority. The dispute concerned an interlocutory application for a criminal justice stay warrant. The appeal was heard by Beazley P and Leeming JA of the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the applicant had reasonable prospects of success in his proposed appeal. This question arose in the context of an application for leave to appeal, which requires a demonstration that the appeal has a real chance of success.

The Court of Appeal concluded that the applicant did not have reasonable prospects of success. Consequently, leave to appeal was refused. The summons and notice of motion filed by the applicant were dismissed with costs.