Ejueyitsi v Western Sydney University & Ors

EJUEYITSI
v
WESTERN SYDNEY UNIVERSITY & ORS
[2023] HCASL 143
S81/2023

The applicant applies for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Griffiths A-JA, Mitchelmore JA and Simpson A-JA agreeing), which dismissed an application for judicial review of a decision of the District Court of New South Wales (Abadee DCJ) summarily dismissing the applicant's appeal from a decision of the Small Claims Division of the Local Court which, in turn, had struck out the applicant's amended statement of claim filed in the Local Court.
There is no reason to doubt the correctness of the unanimous decision of the Court of Appeal. The applicant may replead his case in the Local Court. Any appeal to this Court would enjoy no prospects of success. Special leave should be refused.
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.

M.M. Gordon S.H.P. Steward

12 October 2023

CaseChat Overview and Summary

The case of Ejueyitsi v Western Sydney University & Ors involved the applicant seeking special leave to appeal against a decision of the Court of Appeal of the Supreme Court of New South Wales. This appeal arose from a prior decision of the District Court of New South Wales, which had dismissed the applicant's appeal from a decision of the Small Claims Division of the Local Court. The Local Court had struck out the applicant's amended statement of claim. The Court of Appeal, with Griffiths A-JA, Mitchelmore JA, and Simpson A-JA concurring, upheld the dismissal of the applicant's application for judicial review. The High Court was asked to consider whether special leave to appeal should be granted.

The central legal issues before the Court were whether the Court of Appeal had correctly dismissed the applicant's application for judicial review and whether the applicant's appeal to the High Court had any prospects of success. The Court examined the correctness of the Court of Appeal's decision and assessed whether the applicant's case warranted further judicial consideration. The Court also considered whether the applicant could replead his case in the Local Court, as suggested by the Court of Appeal.

In dismissing the application for special leave, the Court found no reason to doubt the correctness of the Court of Appeal's decision. The Court noted that the applicant had the opportunity to replead his case in the Local Court. Additionally, the Court concluded that any appeal to the High Court would have no prospects of success. The High Court determined that the decision of the Court of Appeal was sound and that further appeal would not be warranted. Consequently, the application for special leave was dismissed.

The High Court directed the Registrar to draft, sign, and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). This order was issued on 12 October 2023, effectively concluding the applicant's bid for special leave to appeal.

CaseChat Overview and Summary

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Legal Principle Established