Boz One Pty Ltd & Anor v Andrew James McLellan

Case •

[2016] HCASL 40

BOZ ONE PTY LTD & ANOR

v

ANDREW JAMES MCLELLAN & ORS

[2016] HCASL 40
M210/2015

  1. The applicants require an extension of time in order to pursue their application for special leave to appeal.  Even taking account of the proposed amendment to the applicants' case, notified in the summons filed on 22 December 2015, the proposed appeal does not enjoy sufficient prospects of success to warrant the grant of special leave to appeal.  The application being futile, the extension should be refused and the application should be dismissed.

  2. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.  It follows that there is no utility to the orders sought in the summons filed on 22 December 2015.  The summons is dismissed.

S.M. Kiefel
7 April 2016 		P.A. Keane
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High Court Bulletin [2016] HCAB 3
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