An order dismissing an appeal as incompetent is within the power of a single Judge of Appeal under s 46(2)(b) of the Supreme Court Act 1970 (NSW) because it does not involve the determination or decision of the appeal. The Registrar, exercising delegated powers under SCR Pt 51 r 58, also has this power. A renewed application for leave to appeal is competent after a prior refusal, but the applicant must demonstrate solid grounds based on new material or a new argument before the Court will differ from an earlier refusal by a differently constituted bench.
The full text is available to signed-in members, including the 84 later cases that cite this judgment.
52 of the 84 citing cases carry a classified treatment. How each court treated it is available to signed-in members.