Fraser v National Australia Bank Ltd

[2005] HCATrans 898

[2005] HCATrans 898

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A61 of 2004

B e t w e e n -

SYDNEY FRASER

Applicant

and

NATIONAL AUSTRALIA BANK LIMITED

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 NOVEMBER 2005, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   By application filed 19 October 2004, the applicant purports to seek special leave to appeal from the orders of the Full Court of the Supreme Court of South Australia (Debelle, Williams and Wicks JJ).  These orders were pronounced on 5 April 2001 and refused an application for extension of time to appeal to the Full Court.  The applicant has given no satisfactory explanation for the inordinate delay in seeking special leave from this Court.

The history of this matter shows that this delay is not an isolated incident.  The orders of the Full Court were to refuse an extension of time in which to appeal from a decision of a Master of the Supreme Court, Master Kelly, who had himself refused an extension of time in which to appeal from a decision of Master Bowen Pain refusing an extension of time in which to appeal from a judgment of the District Court.  The application to the Full Court was made in spite of a previous order of Lander J dismissing a purported appeal from the decision of Master Kelly as incompetent.  No appeal from the decision of Lander J was brought.

Having regard to this history, there would be no prospect of success in any appeal to this Court from the Full Court.  Accordingly, the necessary extension of time is refused.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave to appeal with costs.  I publish the disposition signed by Kirby J and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED