Cheadle v Pointer & Anor

CHEADLE
v
POINTER & ANOR
[2024] HCASL 37
S159/2023

The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Full Court of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction (Aldridge, Tree and Carew JJ) dismissing an appeal from a decision of the Federal Circuit and Family Court of Australia (Division 1) (Harper J). The application does not raise any issue of legal principle of general importance and there is no reason to doubt the correctness of the decision of the Full Court. Accordingly, it would be futile to grant an extension of time.
Special leave to appeal is refused.
Edelman J
Jagot J
7 March 2024

CaseChat Overview and Summary

The applicant in this case, Cheadle, sought an extension of time to seek special leave to appeal from a judgment of the Full Court of the Federal Circuit and Family Court of Australia (Division 1). The appeal in question was from a decision of the Federal Circuit and Family Court of Australia (Division 1). The respondents to the application were Pointer and another party. The dispute arose from the dismissal of an appeal by the Full Court, which had rejected an appeal from a lower court decision. The matter was brought before the High Court for consideration of the application for an extension of time to appeal.

The legal issue before the High Court was whether an extension of time should be granted to Cheadle to seek special leave to appeal from the Full Court's decision. This required the court to consider the merits of the appeal, the correctness of the Full Court's decision, and whether there was any legal principle of general importance that warranted further consideration. Additionally, the court needed to assess whether the extension of time would be futile.

The High Court determined that the application did not raise any issue of legal principle of general importance, and there was no reason to doubt the correctness of the decision of the Full Court. Given these considerations, the court concluded that granting an extension of time would be futile. Consequently, the application for special leave to appeal was refused. The High Court emphasised that the decision of the Full Court was correct and that there were no compelling reasons to permit a further appeal.

The final orders of the High Court were that the application for an extension of time to seek special leave to appeal was dismissed, and special leave to appeal was refused.

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