Boz One Pty Ltd & Anor v McLellan & Ors

The High Court of Australia considered an application by Boz One Pty Ltd and another party (the applicants) seeking to prevent their application for special leave to appeal from being deemed abandoned. The respondents, Andrew James McLellan and Investec Bank (Australia) Limited, had notified the applicants that they did not oppose this application.

The central legal issue before the Court was whether to grant an order pursuant to rule 41.13.1 of the High Court Rules 2004 (Cth) that the applicants' special leave application should not be taken to have been abandoned. This arose because the applicants had failed to file their written case within the prescribed time.

The Court reasoned that given the respondents' lack of opposition to the application, it was appropriate to grant the relief sought. Accordingly, the Court ordered that the applicants' application for special leave to appeal would not be taken to have been abandoned. Furthermore, the Court extended the time for the applicants to file their written case until 4.00 pm on Monday, 30 November 2015, pursuant to rule 4.02 of the High Court Rules.