The Supreme Court of New South Wales Court of Appeal

SHELLER JA: This is an application by Australian MacFarms Pty Limited for leave to appeal from a decision given by Santow J. His Honour's orders were made on 3 June 1998.

The respondents, Dolvelle Pty Limited and Confucius NSW Pty Limited, by summons filed on 8 January 1998 applied for an order winding up the claimant. The claimant filed a defence. Santow J made orders pursuant to Part 31, rule 2(a) of the Supreme Court Rules that an agreed series of questions should be determined by him separately from and before any other question in the hearing of the proceedings. The decision, from which it is now sought to appeal, relates to the answers and orders that his Honour made in dealing with those separate and preliminary questions. The justification for bringing forward this application, before completion of the substantive hearing, is that the questions go to the foundation of the opponents' claim to have the claimant wound up.

The matter has been argued with care and in some detail by counsel appearing for the parties. Because of the particular stage in which this matter came before the Court and the overall hearing of the matter, I do not think it desirable that the Court should depart from the ordinary practice of not giving reasons for refusing leave. Despite the able argument that has been advanced on behalf of the claimant, I am not persuaded that there is sufficient doubt attached to the judgment, from which this application is brought, to justify the granting of leave to appeal. Accordingly, in my opinion, the application should be dismissed with costs.

SHELLER JA: The order of the Court is that the application is dismissed with costs.