Watiwat v Dixon

The applicant, Watiwat, sought leave to appeal from a decision of Robb J made on 20 September 2017, which had dismissed proceedings. The respondents were Dixon. The application for leave to appeal was brought under the Uniform Civil Procedure Rules 2005 (NSW), rule 14.3.

The primary legal issue before Basten and Simpson JJA was whether the applicant had raised a question of principle, a question of general public importance, or an error that was more than merely arguable, which would justify granting leave to appeal from a decision concerning practice or procedure.

The Court of Appeal dismissed the summons seeking leave to appeal. The orders made were that the summons filed on 19 December 2017 be dismissed, and that the applicant pay the respondents’ costs of the summons, assessed on the basis of their joint representation.