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Leave to appeal would allow applicant to advance collateral purpose of halting development of shopping centre
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High Court declines to certify two points of law of alleged exceptional public importance, and thereby refuses the applicant company a certificate of leave to appeal its decision to the Court of Appeal following on from its earlier substantive decision to dismiss the applicant's application for judicial review of a planning matter pertaining to the development of a shopping centre, on the grounds, inter alia, that if leave to appeal were granted, it would allow the applicant to advance a collateral purpose of halting the development of the site.
Planning and development - application for leave to appeal to Court of Appeal based on two points of law of exceptional public importance - whether a point of such exceptional importance exists - whether it is so desirable in the public interest - substantive decision of the court dismissing applicant's application for judicial review of planning board's decision on abuse of process grounds - questions - court's power to dismiss judicial review proceedings as an abuse of process - principles to be applied - statutory purpose of the requirement to seek the leave of the court - related arbitration proceedings ongoing in the background relating to development site in question - nature of the development - a grant of leave to appeal would permit the applicant to advance a collateral objective which itself led to the proceedings being dismissed in the first instance by the court - neither point presents as exceptionally important - meaning of 'exceptional public importance' - jurisdiction to grant leave to be exercised sparingly - alleged uncertainty of law on abuse of process - neither point of law arises out of the court's judgment - application refused.
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