The applicant requires an extension of time in order to proceed with this special leave application. In our opinion, there is no reason to doubt the correctness of the decision of the Court of Appeal of the Supreme Court of New South Wales. The application for special leave does not enjoy any prospect of success. Accordingly, there is no utility in granting the extension of time which is sought.
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 with costs.
V.M. Bell 14 November 2018
G.A.A. Nettle
Details
AGLC
Carter v Lewis Securities Ltd (in Liq) [2018] HCASL 359
Case
[2018] HCASL 359
Decision Date
CaseChat Overview and Summary
The case of Carter v Lewis Securities Ltd (in Liq) involved an applicant seeking an extension of time to proceed with a special leave application. The application was dismissed by the High Court of Australia, which found that there was no reason to doubt the correctness of the decision of the Court of Appeal of the Supreme Court of New South Wales. The applicant had sought leave to appeal against a decision of the Court of Appeal, which had dismissed an appeal against a decision of the Supreme Court of New South Wales. The Court of Appeal had found that the applicant's claim was statute-barred and that the applicant had failed to establish any grounds for extending the limitation period.
The legal issues before the High Court were whether the Court of Appeal's decision was correct and whether there was any reason to doubt its correctness. The High Court found that there was no reason to doubt the correctness of the Court of Appeal's decision. The Court of Appeal had considered all relevant evidence and legal principles and had reached a conclusion that was consistent with established legal principles. The High Court found that the applicant had failed to demonstrate any grounds for questioning the correctness of the Court of Appeal's decision.
The High Court further found that the application for special leave did not enjoy any prospect of success. The Court of Appeal's decision had been based on well-established legal principles, and the High Court was not satisfied that there was any basis for questioning those principles. The High Court noted that the applicant had not provided any new evidence or legal argument that would have changed the outcome of the Court of Appeal's decision. The High Court concluded that there was no utility in granting the extension of time which was sought.
In light of the above, the High Court dismissed the application for an extension of time with costs. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign, and seal an order dismissing the application with costs. The High Court's decision was final and binding on all parties to the proceedings.