Wollongong City Council v Nyboer

Wollongong City Council sought leave to appeal from an order of the Supreme Court of New South Wales dismissing its summons. The summons had sought to challenge an order made under section 198G of the *Legal Profession Act 1987* (NSW). The Court of Appeal of New South Wales, comprising Mason P, Tobias JA, and Campbell AJA, considered the application for leave to appeal.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal. This involved determining whether there was a question of law that ought to be appealed, and whether, in the circumstances, it would be unjust to refuse an extension of time for the appeal. The Council's challenge was directed at an earlier order that had dismissed its summons.

The Court determined that there was no arguable question of law arising from the primary judge's decision to dismiss the summons. Furthermore, the Court found that there had been significant delay in bringing the application for leave to appeal. Considering the lack of an arguable point of law and the substantial delay, the Court concluded that it would be unjust to grant an extension of time and therefore refused leave to appeal.

Consequently, the summons for leave to appeal was dismissed, and Wollongong City Council was ordered to pay the costs of the proceedings.