GLENDINING & ANOR
v
SF COSENTINO PTY LTD
[2021] HCASL 94
M14/2021
An extension of time is necessary to enable this application for special leave to appeal to proceed. The appeal foreshadowed by the application would not turn upon any issue of principle of general importance; and, in addition, the prospects of success are not such as to warrant the grant of special leave. The application should be refused. That being so, it would be futile to grant an extension of time to enable the application to proceed.
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.
P.A. Keane J.J. Edelman 18 May 2021
Keep reading for free
Create a free CaseChat account to read Glendining & Anor v SF Cosentino Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2021] HCASL 94
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide included whether the appeal foreshadowed by the application would turn upon any issue of principle of general importance and whether the prospects of success for the appeal were sufficient to warrant the grant of special leave. Additionally, the court had to consider whether it would be futile to grant an extension of time for the application to proceed.
In reaching its decision, the court found that the appeal would not turn upon any issue of principle of general importance, and the prospects of success were not such as to warrant the grant of special leave. The court concluded that the application should be refused and that it would be futile to grant an extension of time to enable the application to proceed. Pursuant to Rule 41.08.1 of the High Court Rules 2004 (Cth), the court directed the Registrar to draw up, sign, and seal an order dismissing the application.
No further orders were made beyond the dismissal of the application. The applicants were denied special leave to appeal, and the extension of time application was refused. The court's reasoning focused on the lack of general importance of the issues and the insufficient prospects of success, leading to the conclusion that the application was futile and should not proceed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.