State of New SouthWales v. Mulcahy (No.2)

The Court of Appeal of New South Wales, comprising Hodgson, Tobias and Bryson JJA, considered an application for leave to appeal in proceedings between the State of New South Wales and Mulcahy (No.2). The specific nature of the dispute leading to this application is not detailed in the provided text, but the court was tasked with making orders incidental to the dismissal of the application for leave to appeal.

The primary legal issue before the court was the appropriate disposition of the application for leave to appeal, including the consequential orders regarding pleadings and costs. The court was required to determine whether to grant leave to appeal and, if not, what ancillary orders were necessary to bring the matter to a conclusion at that stage.

The court ultimately dismissed the application for leave to appeal. In doing so, it made orders that the pleadings be amended in accordance with specific documents identified by Bryson JA, while preserving the District Court's power to allow further amendments. The costs of the application for leave to appeal were ordered to be the plaintiff's costs in the proceedings.