Price v A Yorkston, SM and Anor

In *Price v A Yorkston, SM and Anor*, Gaudron J, sitting in chambers, considered an application for leave to appeal against a decision of the Supreme Court of Western Australia. The applicant, Mr Price, sought to challenge the Supreme Court's refusal to grant him leave to appeal against a decision of a Magistrate. The underlying dispute concerned a claim for damages arising from a motor vehicle accident.

The primary legal issue before Gaudron J was whether the applicant had demonstrated an arguable case of error in the Supreme Court's refusal to grant leave to appeal. This required an assessment of whether the Supreme Court had erred in law in its consideration of the grounds of appeal that Mr Price had sought to advance against the Magistrate's original decision.

Gaudron J noted that the applicant's grounds of appeal to the Supreme Court were largely factual and that the Supreme Court had correctly applied the principles governing the grant of leave to appeal in such circumstances. Her Honour found that the applicant had not established any substantial error of law in the Supreme Court's reasoning, nor had he demonstrated that the Supreme Court had failed to consider any relevant material. Consequently, Gaudron J concluded that leave to appeal should be refused.