Akram Karam v Aloe & Co Pty Ltd

[2014] HCASL 206

AKRAM KARAM

v

ALOE & CO PTY LTD

[2014] HCASL 206
M60/2014

1. The applicant seeks special leave to appeal from an order of the Court of Appeal of the Supreme Court of Victoria (Nettle and Whelan JJA and Almond AJA) dismissing his application for review of a decision made by the Registrar.  The Registrar had refused to stand over the hearing of the applicant's appeal from a costs order made by the Supreme Court of Victoria (T Forrest J) until after the determination in the Magistrates' Court of Victoria of the applicant's entitlement to statutory compensation.  As the Court of Appeal noted, the decision of the Magistrates' Court could not affect T Forrest J's costs order[1].  

   [1]Karam v Palmone Shoes Pty Ltd [2014] VSCA 148 [45(a)].

2. The applicant does not have legal representation and the application falls to be determined under r 41.10 of the High Court Rules 2004 (Cth). It was filed out of time[2].  The applicant has not in terms sought an order that compliance with the time limit be dispensed with[3].  Nonetheless, the applicant has filed an affidavit which provides a sufficient explanation for the short delay.  However, for the reasons to be given, there is no utility in making an order enlarging the time in which to bring the application. 

   [2]High Court Rules 2004 (Cth), r 41.02.1 provides that an application shall be filed within 28 days after the judgment below was pronounced.

   [3]High Court Rules 2004 (Cth), r 41.02.2.

3. Nothing in the material filed in support of the application warrants the grant of special leave to appeal from this procedural decision.

4. The application is dismissed.

5. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
10 December 2014 S.J. Gageler