French v Bremner

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FRENCH

v

BREMNER

[2021] HCASL 98
S11/2021

  1. The applicant requires an extension of time within which to file an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales.      The application for special leave to appeal provides no substantial basis on which to doubt the correctness of the decision. Hence, it would be futile to grant the extension of time that is sought. Special leave to appeal should be refused.

  2. 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.

S.J Gageler J.S Gleeson
20 May 2021
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Details
Case
[2021] HCASL 98
Decision Date

CaseChat Overview and Summary

In the case of French v Bremner, the applicant sought an extension of time within which to file an application for special leave to appeal from a decision made by the Court of Appeal of the Supreme Court of New South Wales. The application for special leave to appeal was considered to be lacking in a substantial basis that could cast doubt on the correctness of the decision made by the Court of Appeal. The primary issue before the court was whether an extension of time should be granted for the filing of the application for special leave to appeal.

The court found that there was no substantial basis on which to doubt the correctness of the decision made by the Court of Appeal. Consequently, the court held that it would be futile to grant the extension of time that was sought. The court also held that special leave to appeal should be refused. In light of these findings, the court directed the Registrar to draw up, sign and seal an order dismissing the application in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). The application for an extension of time was dismissed by the court.

The court's decision was based on the lack of substantial basis to doubt the correctness of the decision made by the Court of Appeal. The court found that the application for special leave to appeal would be futile if granted, and therefore, the application was dismissed. The court's decision was made in accordance with the relevant rules of the High Court. The court's decision is final and binding on the parties involved.

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