YOUNG v MORTGAGE SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL GLEESON CJ, KIRBY P and POWELL JA 20 March 1995 [1995] NSWCA 530 Gleeson CJ. This is an application for leave to appeal against what is acknowledged to be a discretionary judgment of Levine J in which he declined to set aside a judgment that had been entered as a result of earlier proceedings before Master Greenwood. I am not satisfied that it has been demonstrated that there was any relevant error of discretion on the part of Levine J. In particular, I am not persuaded that the point which it is said constituted an arguable, even though unpleaded, ground of defence is one of substance. I would propose that the application for leave to appeal be refused and that the applicant should pay the respondent's costs of the application. Kirby P. I agree. Powell JA. I also agree. Gleeson CJ. The application is refused. Orders accordingly.