Ghosh v Ghosh

GHOSH
v
GHOSH
[2023] HCASL 171
M66/2023

The applicant requires an extension of time in which to seek special leave to appeal from a judgment of J Forrest AJA, as a single judge exercising the appellate jurisdiction of the Court of Appeal of the Supreme Court of Victoria. The application does not raise any reason to doubt the correctness of the decision of J Forrest AJA nor any question of principle warranting consideration by this Court. 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.

J.J. Edelman J.S. Gleeson

9 November 2023

CaseChat Overview and Summary

The parties involved in this case were the applicant and the respondent. The applicant sought an extension of time to appeal a judgment of J Forrest AJA, exercising the appellate jurisdiction of the Court of Appeal of the Supreme Court of Victoria. The application was made in the High Court, which was asked to consider whether the extension should be granted. The primary legal issue the court had to address was whether the application for an extension of time was justified, considering the absence of any doubts about the correctness of the original judgment or any questions of principle warranting the court's attention.

The court considered the application and found that there were no grounds to doubt the correctness of the judgment of J Forrest AJA nor any question of principle that required the attention of the High Court. The applicant did not provide any compelling reasons for the extension of time, which led the court to conclude that granting such an extension would be futile. The court held that the application should be dismissed, as it would not serve any useful purpose to allow the extension of time under the circumstances.

In summary, the High Court found that the application for an extension of time was not warranted and dismissed the application. The court directed the Registrar to prepare, sign, and seal an order dismissing the application, as per rule 41.08.1 of the High Court Rules 2004 (Cth). The decision was made by Justices J.J. Edelman and J.S. Gleeson on 9 November 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established