New South Wales Crime Commission v SG

[2017] NSWCA 102

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary dismissal
3. › Abuse of process
4. › Sequencing of interlocutory motions
5. › Whether primary judge erred in determining summary dismissal application before determining other motions before it
1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Preservation of appeal rights
5. › Whether leave should be refused without prejudice to right to re-agitate motion after disposition of other motions

Quick Take

Where a primary judge prematurely determines a summary dismissal motion before resolving related interlocutory issues (such as notices to produce) on which the summary dismissal application depends, the Court of Appeal may refuse leave to appeal without prejudice to the applicant's right to re-agitate the summary dismissal motion after the outstanding interlocutory issues are resolved. A concession by the respondent that a renewed application would not be treated as vexatious supports this pragmatic course.