Tyree v Ward

The applicant, Tyree, sought leave to appeal an interlocutory decision of a primary judge who had refused to grant leave to file a third version of the applicant's statement of claim. The respondent was Ward.

The central legal issue before the Court of Appeal was whether the application for leave to appeal raised an issue of principle or would result in injustice if refused.

Ward JA and Sackville AJA considered the principles governing appeals from interlocutory decisions, particularly where leave to appeal is required. They determined that the application did not meet the threshold for granting leave to appeal, as it did not present a significant issue of principle or demonstrate that refusal would occasion injustice.

Consequently, leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs.