Quach v RU

The applicant, Quach, sought leave to appeal an interlocutory decision and leave to appeal out of time against final orders made by a judge of the Supreme Court of New South Wales. The respondent was RU.

The primary legal issues before the Chief Justice were whether to grant leave to appeal the interlocutory order and whether to grant leave to appeal out of time against the final orders. A further, albeit secondary, issue raised by the applicant concerned the eligibility of the judge for judicial appointment.

The Chief Justice considered the principles governing the grant of leave to appeal in both interlocutory and final matters, including the need to demonstrate a reasonably arguable case of error and that the appeal would have a real prospect of success. The Chief Justice also considered the principles applicable to granting leave to appeal out of time, which typically require a satisfactory explanation for the delay and a demonstration that the appeal has merit. The Chief Justice found that the applicant had not satisfied the threshold requirements for granting leave in either instance.

Consequently, leave to appeal the interlocutory decision and leave to appeal out of time against the final orders were refused.