The Niemann/Décor v Dart test applies in the ACT Court of Appeal for leave to appeal from interlocutory decisions: the applicant must show (1) the decision is attended with sufficient doubt to warrant reconsideration, and (2) substantial injustice would result if leave were refused. The test may need to be applied more liberally where the Human Rights Act 2004 (ACT) s 21 right to a fair trial is engaged, though the precise modification was left open. An interlocutory decision that determines a question of statutory construction affecting substantive rights is not a decision on practice and procedure and does not attract the more restrictive approach to leave.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
18 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.