O'Keefe & Anor. v. Eccleston & Anor.

HODGSON JA: This is an application for leave to appeal from a decision of Windeyer J in which he answered four separate questions for determination. The application relates only to his answers to questions three and four of those four questions.

There is a separate matter raised in the application concerning what might be seen as a finding of fact in para [17] of his reasons. In relation to that matter, I would simply note that the parties are agreed that the matter in para [17] was not within the four questions submitted for determination, and what might seem to be a finding in para [17] is not a finding that is binding on the parties.

As regards the two questions in respect of which leave is sought, in my opinion the matters raised do not indicate any significant possibility that the primary judge was wrong in substance in the answers which he gave. I think the reasons for this view sufficiently appear from the debate that has occurred with Counsel, and for those reasons I would not grant leave to appeal.

IPP JA: I agree.

HANDLEY AJA: I agree.

HODGSON JA: So the order of the court is application for leave to appeal dismissed with costs.