Einav Kedem v Johnsons Lawyers

[2014] HCASL 117

EINAV KEDEM

v

JOHNSONS LAWYERS

[2014] HCASL 117
A6/2014

1. The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia (North, Barker and Katzmann JJ). By those orders, the Full Court unanimously dismissed the applicant's appeal against orders of a single judge of the Federal Court (Mansfield J). Mansfield J dismissed the applicant's claim for an extension of time within which to bring proceedings against the respondent, his former solicitors, alleging negligence, breach of contract and misleading and deceptive conduct. In noting that the relevant causes of action accrued some years ago, Mansfield J found that all claims were statute barred, and that no basis had been made out to support the extension of time sought. The Full Court also dismissed an argument, raised by the applicant for the first time on appeal, that he was labouring under a disability for the purposes of s 45 of the Limitation of Actions Act 1936 (SA).

2. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

3. We see no reason to doubt the correctness of the conclusions reached by the Full Court.  No question of principle would arise for determination if special leave to appeal were granted.  An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.

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

K.M. Hayne
6 August 2014 S.M. Crennan