Stankovic v State of New South Wales

The applicant, Mr. Stankovic, sought leave to appeal against a judgment of Davies J in the Common Law Division of the Supreme Court of New South Wales. The underlying dispute concerned a claim for damages allegedly suffered by Mr. Stankovic as a result of a judgment made by the Land and Environment Court. The claim was framed as a damages action against the State of New South Wales, arising from an order of a superior court of record.

The primary legal issues before the Court of Appeal were whether to grant an extension of time for filing the summons seeking leave to appeal, and if so, whether to grant leave to appeal. In considering the extension of time, the court noted the short delay and the absence of prejudice to the respondent. However, the substance of the application, specifically whether the case had any merit, was central to determining the prospects of success for the appeal.

The Court of Appeal concluded that the applicant's claim was fundamentally misconceived. It reasoned that a claim for damages against the State, arising from a judgment of a superior court of record, was not a legally tenable cause of action. The court found that the applicant had not demonstrated any arguable grounds for appeal, and therefore, the appeal had no real prospect of success. Consequently, the court extended the time for filing the summons seeking leave to appeal but ultimately dismissed the summons. The applicant was ordered to pay the costs of the respondent.