Cabadas v Cabadas

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CABADAS

v

CABADAS

[2020] HCASL 203
B42/2020

  1. An extension of time is required to enable this application for special leave to appeal to proceed. This application raises no question of principle that would warrant the grant of special leave. In any event, the foreshadowed appeal would have no prospect of success. The application for special leave should be refused. On this basis, it would be futile to grant the extension of time sought by the applicant. An extension of time should be refused.

  2. 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.

P.A. Keane J.J. Edelman
14 October 2020
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Details
Case
[2020] HCASL 203
Decision Date

CaseChat Overview and Summary

In the case of Cabadas v Cabadas, the applicant sought an extension of time to file an application for special leave to appeal a decision of the Supreme Court of South Australia. The applicant, the respondent in the underlying proceeding, had previously applied for and been granted an extension of time to file a notice of appeal, which was ultimately dismissed by the Full Court of the Supreme Court of South Australia. The applicant now sought a further extension of time to file an application for special leave to appeal to the High Court of Australia.

The legal issues that the court was required to decide included whether an extension of time should be granted, whether the application for special leave to appeal raised a question of principle warranting the grant of special leave, and whether the appeal would have any prospect of success. The court considered the relevant provisions of the High Court Rules 2004 (Cth) and the relevant case law.

The court found that the application for special leave to appeal raised no question of principle that would warrant the grant of special leave, and in any event, the foreshadowed appeal would have no prospect of success. The court held that the applicant had not provided any compelling reasons for the extension of time sought, and that it would be futile to grant the extension of time. The court accordingly dismissed the application for special leave to appeal and refused the application for an extension of time.

The court directed the Registrar to draw up, sign, and seal an order dismissing the application for special leave to appeal and refusing the application for an extension of time. This decision highlights the importance of providing compelling reasons for extensions of time in the context of appeals to the High Court of Australia, and the limited circumstances in which such extensions may be granted.

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