On an application for leave to appeal from an interlocutory order, the appellate court's function is confined to whether error of principle or substantial injustice has been demonstrated; the subsequent allotment of final hearing dates is not a relevant changed circumstance that should influence the grant of leave. A s 87 permit under the National Parks and Wildlife Act 1974 (NSW) authorises the collection and protection of relics, not their destruction, and this distinction is relevant to the balance of convenience.
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