Trinh, Ex partre - Re - Nicholls & Anor

This matter concerned an application by Mr Trinh for leave to appeal to the High Court of Australia against a decision of the Full Court of the Supreme Court of Queensland. The dispute arose from an application made by Mr Trinh to the Supreme Court of Queensland seeking to set aside a statutory demand issued by Nicholls & Anor.

The primary legal issue before Hayne J was whether Mr Trinh had established sufficient grounds to warrant the grant of special leave to appeal to the High Court. This involved an assessment of whether the decision of the Full Court of the Supreme Court of Queensland raised a question of law that was of general public importance, or whether there were other compelling reasons for the High Court to grant leave.

Hayne J considered the principles governing the grant of special leave to appeal, which require a demonstration that the case involves a matter of general public importance or that there are other compelling reasons for the High Court to entertain the appeal. After reviewing the material before him, Hayne J concluded that Mr Trinh had not satisfied the threshold for the grant of special leave.

Special leave to appeal was therefore refused.