Brown & Anor v King

BROWN & ANOR
v
KING
[2023] HCASL 134
S59/2023

The applicants require an extension of time to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Ward P, Leeming JA and Basten AJA) dismissing the applicants' appeal against two decisions of the Supreme Court of New South Wales (Schmidt AJ), giving judgment in favour of the respondent in relation to a claim in debt and dismissing the applicants' cross claim seeking a range of relief.
The applicants have not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advance no arguable ground of appeal against the decision of the Court of Appeal. It would therefore be futile to grant the extension of time sought. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.J. Gageler J.M. Jagot

14 September 2023

CaseChat Overview and Summary

In the matter of Brown and Anor v King, the applicants sought an extension of time to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales. This decision had dismissed the applicants' appeal against two judgments of the Supreme Court of New South Wales. The Court of Appeal had ruled in favour of the respondent in relation to a claim in debt and dismissed the applicants' cross claim seeking a range of relief. The primary issue before the High Court was whether the applicants had identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal. Additionally, the court needed to determine if there was any arguable ground of appeal against the decision of the Court of Appeal.

The High Court considered that the applicants had not identified a question of principle of general importance that would warrant the grant of special leave to appeal. Moreover, no arguable grounds of appeal were presented against the Court of Appeal's decision. Given these findings, the court held that granting the extension of time sought would be futile. As a result, the High Court concluded that special leave should be refused, and pursuant to rule 41.08.1 of the High Court Rules 2004, the Registrar was directed to draw up, sign, and seal an order dismissing the application.

The final orders of the court were that the application for an extension of time to apply for special leave to appeal be dismissed. This decision effectively upheld the rulings of both the Supreme Court of New South Wales and the Court of Appeal. The applicants were not granted special leave to appeal, and the judgments in favour of the respondent in the debt claim and dismissal of the applicants' cross claim were upheld.

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