Agha v Devine Real Estate Concord Pty Ltd

AGHA
v
DEVINE REAL ESTATE CONCORD PTY LTD & ORS
[2021] HCASL 196
S87/2021

The applicant requires an extension of time in which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales (Payne, White and McCallum JJA). The application does not raise a question of law with sufficient prospects of success to warrant the grant of special leave to appeal. It would therefore be futile to grant an extension of time. The application should be dismissed.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

M.M. Gordon J.J. Edelman

7 October 2021

CaseChat Overview and Summary

The case of Agha v Devine Real Estate Concord Pty Ltd involved the applicant, Agha, seeking an extension of time to lodge an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of New South Wales. The appeal pertained to a matter that had already been the subject of judicial scrutiny, with the Court of Appeal's decision standing as the latest point of contention. The respondents to the application were Devine Real Estate Concord Pty Ltd and others.

The primary legal issue the court had to address was whether an extension of time should be granted to the applicant to seek special leave to appeal, considering the application did not present a question of law with sufficient prospects of success. The court had to determine the merit of the application and whether granting an extension would be futile.

The court reasoned that the application did not meet the threshold for a question of law with sufficient prospects of success, which is a critical criterion for the grant of special leave to appeal. Given this, the court concluded that granting an extension of time would be futile, as the application itself was unlikely to succeed. Consequently, the application was dismissed. The court's decision was grounded in the principle that special leave to appeal should only be granted when there is a realistic chance that the appeal will succeed, and the application in question did not meet this standard. The court also noted that the applicant had not demonstrated any exceptional circumstances that would warrant an extension. The court's decision was final and no further appeal was possible, as indicated by the orders made pursuant to the High Court Rules 2004 (Cth).

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CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established