Gersbach v Gersbach

GERSBACH
v
GERSBACH
[2021] HCASL 192
S92/2021

The applicant requires an extension of time within which to file the application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Macfarlan, Leeming and White JJA), dismissing the applicant's application for an extension of time to appeal from a decision of the Supreme Court of New South Wales (Garling J) in which judgment was entered against the applicant.
There is no point in granting an extension of time. The application does not raise any question of principle, any appeal to this Court would enjoy no prospects of success and it is not otherwise in the interests of justice to grant leave to appeal.
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

7 October 2021

CaseChat Overview and Summary

The parties involved in this case were Gersbach (the applicant) and Gersbach. The applicant sought an extension of time 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, which dismissed the applicant's application for an extension of time to appeal from a decision made by the Supreme Court of New South Wales. The decision was made by Justice Garling and was against the applicant. The applicant's application for an extension of time to appeal from the Court of Appeal decision was dismissed.

The primary legal issue that the court had to decide was whether to grant the applicant an extension of time to file an application for special leave to appeal. The court also had to determine if the application raised any question of principle, if an appeal to the High Court would have any prospects of success, and if it was otherwise in the interests of justice to grant leave to appeal.

The court decided that there was no point in granting an extension of time as the application did not raise any question of principle, and an appeal to the High Court would have no prospects of success. The court further held that it was not in the interests of justice to grant leave to appeal. Therefore, the court dismissed the application and directed the Registrar to draw up, sign and seal an order dismissing the application. This decision was made pursuant to r 41.08.1 of the High Court Rules 2004 (Cth).

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CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established