In applications for leave to appeal from interlocutory decisions on matters of practice and procedure in the Northern Territory, the applicant must show the decision was wrong or attended with sufficient doubt to warrant leave, and additionally that substantial injustice will result if the decision is left unreversed. A party that raises an issue in its own defence (such as absence of knowledge of a defect) cannot then contend that the issue is not raised on the pleadings so as to resist discovery of documents relevant to that issue. An application for separate trial of a preliminary question will be refused where central facts remain in dispute and the question involves mixed fact and law.
The full text is available to signed-in members.