Re Luck

This matter concerned an appeal by Gaye Alexandra Mary Luck against an order that refused her leave to issue process. The appeal was heard by McHugh ACJ, Gummow and Heydon JJ of the High Court of Australia.

The central legal issues before the court were whether leave to appeal was required, and if so, whether the proposed action was frivolous, vexatious, or an abuse of process. The court also had to determine whether the order refusing leave to issue process was final or interlocutory in nature.

The High Court determined that the order refusing leave to issue process was interlocutory. Consequently, an appeal from such an order required leave. As no leave had been sought or granted, the appeal was deemed incompetent. The court applied the principles distinguishing final and interlocutory orders, noting that an interlocutory order does not finally determine the rights of the parties.

The appeal was struck out as incompetent.