Thomas v O'Neill

The Full Court of the Supreme Court of New South Wales, comprising Allsop P and Macfarlan JA, considered an application for leave to appeal. The application concerned the appointment of trustees for sale and an associated application for an extension of time to file and serve that application.

The primary legal issue before the Court was whether there was a sufficient issue of principle to warrant granting leave to appeal against the appointment of the trustees for sale. The Court also had to consider the application for an extension of time within which to file and serve the application for leave to appeal.

The Court dismissed both the application for leave to appeal and the application for an extension of time. The reasoning for this decision was that no issue of principle was identified that would justify granting leave to appeal. Consequently, the Court ordered that the application for leave to appeal against the appointment of the trustees for sale and the application for an extension of time be dismissed with costs. Exhibit B was permitted to be returned to the applicant.