Carlene Randall v City of Canada Bay Council

[2017] HCASL 246

CARLENE RANDALL

v

CITY OF CANADA BAY COUNCIL
[2017] HCASL 246
S214/2017

1. The applicant requires an extension of time, but it would be futile to grant the extension which is sought.

2. The application for special leave to appeal does not raise a question of general importance.  It concerns the exercise of discretion in the application of an established principle of practice and procedure, namely leave to reopen a judgment.  The decision of the Court of Appeal of the Supreme Court of New South Wales (Basten JA, Simpson and Payne JJA agreeing) is plainly correct.  An appeal to this Court would enjoy no prospect of success.  Special leave should be refused.

3. 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.

G.A.A. Nettle
11 October 2017 M.M. Gordon