Van Gorp v Davy

[2023] NSWCA 43

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Criteria for grant of leave
4. › Whether issue of principle or question of general public importance
5. › Whether reasonably clear injustice
6. › No basis for leave where applicant seeks to re-run issues previously determined
1. Practice and Procedure
2. › Abuse of process
3. › Relitigation of issues already determined
4. › Fresh proceedings involving same parties, same issues, same grounds
5. › Whether attempt to circumvent proper appellate processes
6. › Whether unjustifiably oppressive to respondents
7. › Whether brings administration of justice into disrepute
1. Equity
2. › General principles and maxims
3. › Equity attending to real justice of the case
4. › Standing
5. › Whether equity will intervene on behalf of someone who lacks standing
1. Practice and Procedure
2. › Standing
3. › Proceedings concerning deceased estate
4. › Whether person with no personal interest in estate has standing to bring proceedings
5. › Succession Act 2006 (NSW)

Quick Take

Fresh proceedings seeking to reagitate issues already determined through the appellate hierarchy, including after refusal of special leave to the High Court, will be characterised as an abuse of process.