Shane John Mortimer v Land Development Agency

Shane John Mortimer (the applicant) sought leave to appeal an interlocutory order made by Burns J on 19 October 2012, against the Land Development Agency (the respondent). The nature of the underlying dispute between the parties is not detailed in the provided text, but the application for leave to appeal concerned an interlocutory decision.

The central legal issue before Penfold J was whether leave to appeal the interlocutory order of Burns J should be granted. This required an assessment of whether the primary judge had erred in their decision and whether refusing leave to appeal would occasion a substantial injustice to the applicant.

Penfold J refused the application for leave to appeal, finding that no error on the part of the primary judge had been demonstrated. Furthermore, the court was not satisfied that a substantial injustice would be occasioned by refusing leave to appeal. Consequently, the applicant’s application for leave to appeal was refused, and the applicant was ordered to pay the respondent’s costs.