Caspersz v Garry & Warren Smith Pty Ltd (ACN 004 753 333) & Ors

[2024] HCASL 39

CASPERSZ
v

GARRY & WARREN SMITH PTY LTD (ACN 004 753 333) & ORS
[2024] HCASL 39
M91/2023

1. The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (Niall JA) refusing leave to appeal a decision of the Victorian Civil and Administrative Tribunal (Quigley J).[1] The applicant also seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (Niall JA) ordering that the applicant pay the second respondent's costs of the application for leave to appeal on a standard basis.[2]

   [1] Caspersz v Garry & Warren Smith Pty Ltd (ACN 004 753 333) [2023] VSCA 264; Caspersz v Garry & Warren Smith Pty Ltd (ACN 004 753 333) [2022] VCAT 1102.

   [2] Caspersz v Garry & Warren Smith Pty Ltd (ACN 004 753 333) (No 2) [2023] VSCA 277.

2. The application fails to articulate appropriate grounds of appeal for this Court to consider and does not raise a question of law that is of public importance. It would therefore be futile to grant the extension of time and special leave sought.

3. Special leave to appeal is refused.

   Gleeson J

   Beech-Jones J

   7 March 2024