G v O

G
v
O
[2022] HCASL 141
P8/2022

An extension of time is required for this application to proceed. This application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Western Australia (Murphy and Pritchard JJA and Morrison A‑JA) has no prospects of success. Further, the application raises no question of general principle sufficient to warrant the grant of special leave to appeal. It would therefore be futile to grant an extension of time. The application should be dismissed.
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 with costs.

M.M. Gordon J.J. Edelman

8 September 2022

CaseChat Overview and Summary

The case of G v O involved an application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Western Australia. The parties in this case were G, the applicant, and O, the respondent. The dispute revolved around an extension of time required for the application to proceed. The Court of Appeal had previously dismissed the application on the basis that it had no prospects of success and did not raise any question of general principle warranting the grant of special leave to appeal.

The legal issues before the court were whether the application for special leave to appeal had prospects of success and whether it raised any questions of general principle that warranted the grant of special leave to appeal. The court had to consider the merits of the application and assess whether it fulfilled the criteria for special leave to appeal under the High Court Rules. In addition, the court had to determine whether the application raised any issues of general principle that were significant enough to warrant the grant of special leave to appeal.

The court found that the application for special leave to appeal had no prospects of success and did not raise any questions of general principle sufficient to warrant the grant of special leave to appeal. The court held that the application was futile and that it would not be in the interests of justice to grant an extension of time. The court also noted that the application did not raise any new or significant legal issues that had not already been considered by the Court of Appeal. Accordingly, the court dismissed the application and directed the Registrar to draw up, sign, and seal an order dismissing the application with costs.

In conclusion, the court dismissed the application for special leave to appeal and found that it had no prospects of success and did not raise any questions of general principle warranting the grant of special leave to appeal. The court held that the application was futile and that it would not be in the interests of justice to grant an extension of time. The court also directed the Registrar to draw up, sign, and seal an order dismissing the application with costs.

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Legal Principle Established