State of New South Wales v Gayle Maree Brown

The State of New South Wales sought leave to appeal to the Court of Appeal of New South Wales against a decision of Boland J in the Industrial Court. The Industrial Court had previously declared a contract unfair and made orders varying its terms. The State argued that the matter was of such public importance that leave to appeal should be granted in the public interest.

The primary legal issue before the Court of Appeal was whether the circumstances of the case were sufficiently unusual or of general importance to warrant granting leave to appeal. The State contended that the Industrial Court's decision raised questions of public importance, while the respondent sought leave to cross-appeal.

Basten and Leeming JJA, with Bergin CJ in Eq concurring, dismissed the State's summons for leave to appeal. Their Honours found that there was no issue of general importance and that the circumstances of the case were not unusual in a way that justified granting leave. Consequently, the respondent's summons for leave to cross-appeal was also dismissed.

The Court ordered that the State of New South Wales pay the respondent's costs of its application for leave to appeal. The respondent was ordered to pay the applicant's costs of her abandoned application.