COMMONWEALTH OF AUSTRALIA v JAMAL HOUSSAMI SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL KIRBY P, MEAGHER JA and HANDLEY JA 20 June 1994 [1994] NSWCA 59 Kirby P. The Court does not need the assistance of the opponent in the application for leave. The Court is of the view that no sufficient error has been shown in the judgment of Judge Hosking to warrant a grant of leave to appeal. The decision was interlocutory. It was discretionary. The principles of restraint in such a circumstance are well known. Under close interrogation, counsel of the claimant, who said everything otherwise that could be said in favour of the application, was not able to point to any prejudice to his client. There does not appear to have been any. Therefore the order which the Court makes is that the summons is dismissed. The claimant must pay the opponent's costs. Orders accordingly.