Storey v Commissioner of Police, NSW Police Force

The applicant, Storey, sought an interlocutory appeal against the decision of a trial judge in the Common Law Division of the Supreme Court of New South Wales, who had refused to permit the administration of interrogatories. The underlying proceeding was a judicial review, and Storey sought a stay of the trial pending the determination of this appeal. The judgment below had been reserved, and the interrogatories were directed to a specific ground of review.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in refusing leave to administer interrogatories. This involved considering the likelihood of Storey being granted leave to appeal the refusal, as well as the broader question of whether the interrogatories were properly directed to the identified ground of review.

Basten JA dismissed the application for a stay of proceedings. The reasoning focused on the limited prospects of success for the interlocutory appeal, particularly in relation to the trial judge's discretion in managing interlocutory processes such as the administration of interrogatories. The Court found that the interrogatories were not sufficiently directed to a viable ground of review to warrant intervention at this stage.

Consequently, the Court of Appeal ordered that the application to stay the proceedings in the Common Law Division be dismissed, and that the applicant pay the respondent's costs of the application in the Court of Appeal.