Greenslade v Hiew

GREENSLADE
v
HIEW
[2022] HCASL 164
P14/2022

The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Western Australia.
An extension of time is necessary to enable this application to proceed. The single proposed ground of appeal does not arise for consideration and no issue of principle would otherwise arise on the appeal proposed by the applicant. Accordingly, special leave should be refused. That being so, it would be futile to grant the required extension of time.
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.

P.A. Keane J.S. Gleeson

19 September 2022

CaseChat Overview and Summary

Greenslade v Hiew is a matter that has come before the High Court of Australia, where the applicant, Greenslade, seeks special leave to appeal a decision from the Court of Appeal of the Supreme Court of Western Australia. The application is made under the provisions of the High Court Rules 2004 (Cth) and requires an extension of time to proceed. The applicant's proposed ground for appeal does not present a consideration for special leave, and no significant issue of principle would otherwise emerge from the appeal. The court's task was to determine whether special leave should be granted and, consequently, whether the extension of time should be permitted.

The primary legal issue before the court was whether the applicant's proposed ground for appeal warranted consideration for special leave, as required by the High Court Rules. The court needed to assess if there was a significant issue of principle that could be resolved through the proposed appeal. Additionally, the court had to decide if granting an extension of time would be futile, given that the grounds for appeal did not meet the criteria for special leave.

The court found that the proposed ground for appeal did not arise for consideration, and no significant issue of principle would emerge from the appeal. Consequently, the court concluded that special leave should be refused, and it would be futile to grant the required extension of time. The court directed the Registrar to draw up, sign, and seal an order dismissing the application with costs, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). The decision was made on 19 September 2022, by Justice Keane and Justice Gleeson.

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