Colin Douglas Duffy & Anor v Wesfarmers Limited (Formerly Westralian Farmers Co-operative Limited)

[2015] HCASL 196

COLIN DOUGLAS DUFFY & ANOR

v

WESFARMERS LIMITED
(FORMERLY WESTRALIAN FARMERS CO-OPERATIVE LIMITED)

[2015] HCASL 196
P32/2015

1. The applicants seek special leave to appeal against the orders of the Court of Appeal of the Supreme Court of Western Australia (McLure P, with whom Buss JA agreed) dismissing an application for an extension of time of more than 30 years in which to appeal a judgment of Kennedy J of the Supreme Court of Western Australia given on 6 February 1984. 

2. As the applicants do not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. The applicants require an extension of time in which to seek special leave to appeal to this Court.  The applicants' proposed grounds of appeal do not raise any question of law of public importance and, despite the applicants' criticisms of some aspects of the Court of Appeal's reasoning, there is no reason to doubt that the Court of Appeal was correct to refuse the extension of time which was sought.  It would not be in the interests of justice generally or in this particular case to grant special leave and thus an extension of time in which to seek special leave would be futile.

4. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle
11 November 2015 M.M. Gordon