The decision consolidates the principles governing applications for leave to appeal from interlocutory decisions in the ACT Court of Appeal, drawing from Capital Property Projects and Fairfax Media Publications. In the context of defamation limitation extensions under s 21B of the Limitation Act 1985 (ACT), a defendant who has actively opposed access to the documents giving rise to the cause of action will find it difficult to argue that the delay in commencing proceedings caused unfair prejudice warranting refusal of an extension.
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