Su v 5 Blackman Cres Macquarie Pty Ltd

The applicant, Su, sought leave to appeal from an interlocutory decision of a primary judge who had dismissed the proceeding against the respondent, 5 Blackman Cres Macquarie Pty Ltd, for non-compliance with court orders. The primary judge had characterised the applicant as a "reluctant gladiator" in their assessment of the applicant's conduct.

The central legal issues before the Court of Appeal were whether the primary judge's decision to dismiss the proceeding was attended by sufficient doubt to warrant leave to appeal, and whether a substantial injustice would result if leave were refused. Specifically, the court considered whether there was an arguable error in the primary judge's findings, particularly concerning the applicant's compliance with a discovery order.

Loukas-Karlsson J found that while one of the primary judge's findings might give rise to an arguable error, there was no error in the conclusion that the applicant had not taken reasonable steps to comply with the discovery order. The court noted that the applicant was able to recommence proceedings, and therefore concluded that no substantial injustice would result from refusing leave to appeal.

Consequently, the application for leave to appeal was dismissed.