Ezekiel-Hart v Council of the Law Society of the ACT

[2023] ACTCA 5

ACT Court of Appeal13 February 2023

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory judgments
4. › Whether decision attended with sufficient doubt to warrant reconsideration
5. › Whether substantial injustice would result if leave refused
6. › Supreme Court Act 1933 (ACT), s 37E
1. Practice and Procedure
2. › Pleadings
3. › Striking out statement of claim
4. › Failure to comply with pleading rules
5. › Multiple opportunities to replead
6. › Whether further opportunity should be granted
7. › Court Procedures Rules 2006 (ACT), rr 406, 425
1. Practice and Procedure
2. › Summary dismissal
3. › Dismissal after striking out of pleading
4. › Futility of proceedings
5. › Court Procedures Rules 2006 (ACT), rr 1147, 1148
1. Practice and Procedure
2. › Bias
3. › Actual bias
4. › Allegation of racial bias against judge
5. › Whether clear and cogent proof adduced

Quick Take

The case is a straightforward application of the two-limb test for leave to appeal from interlocutory orders in the ACT. It illustrates that futility of proceedings (here, seeking a practising certificate for an expired year) is relevant to both the 'sufficient doubt' and 'substantial injustice' limbs of the leave test, and may independently justify refusal of leave.