Akram Karam v Palmone Shoes Pty Ltd (ACN 005 663 141)

[2014] HCASL 205

AKRAM KARAM

v

PALMONE SHOES PTY LTD (ACN 005 663 141)

[2014] HCASL 205
M59/2014

1. The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Nettle and Whelan JJA and Almond AJA) refusing an application brought by summons seeking orders setting aside T Forrest J's judgments in two related personal injury proceedings on the ground that each was procured by fraud.  The application was dismissed because it was procedurally incompetent[1].  In addition to this difficulty, the Court of Appeal pointed out that there was no evidence that the judgment in either case had been procured by fraud[2]. 

   [1]Karam v Palmone Shoes Pty Ltd [2014] VSCA 148 at [30].

   [2]Karam v Palmone Shoes Pty Ltd [2014] VSCA 148 at [31].

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[3].  The applicant has not in terms sought an order that compliance with the time limit be dispensed with[4].  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. 

   [3]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.

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

3. The Court of Appeal's conclusion was plainly correct.  If special leave to appeal were granted, the appeal would have no prospect of success.

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