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

[2014] HCASL 204

AKRAM KARAM

v

PALMONE SHOES PTY LTD (ACN 005 663 141)

[2014] HCASL 204
M58/2014

1. The applicant applies for special leave to appeal from the orders of the Court of Appeal of the Supreme Court of Victoria (Nettle and Whelan JJA and Almond AJA) dismissing his application for review of the Registrar's decision refusing to direct that each of a number of applications and two costs appeals be heard on separate days[1].  The Court of Appeal concluded that there was nothing to be gained from the listing of the various applications on different days "apart from more delay and a further waste of scarce resources"[2].

   [1]Karam v Palmone Shoes Pty Ltd [2014] VSCA 148 at [18(5)] and [45(d)].

   [2]Karam v Palmone Shoes Pty Ltd [2014] VSCA 148 at [45(d)].

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 applicant does not identify any matter that would warrant the grant of special leave to appeal from the Court of Appeal's determination of this matter of practice and procedure. 

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