Hastwell v Legal Services Commissioner Mr John McKenzie

CaseChat Overview and Summary

The case of Hastwell v Legal Services Commissioner Mr John McKenzie involved an application for special leave to appeal against a decision of the Supreme Court of South Australia. The applicant, Mr Hastwell, sought an extension of time to lodge the application for special leave to appeal. The Legal Services Commissioner, Mr John McKenzie, opposed the application for an extension of time.

The court was required to decide whether an extension of time should be granted to allow the application for special leave to appeal to proceed. The court also had to determine whether the appeal foreshadowed by the application had any prospects of success.

The court found that an extension of time was not necessary as the application for special leave to appeal had no prospects of success. The court held that it would be futile to grant the extension of time required to enable the application to proceed. The court further held that the appeal would not succeed because the application did not demonstrate that the decision of the Supreme Court involved any significant legal issue of general importance. The court concluded that the application should be refused, and pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

P.A. Keane	J.J. Edelman
12 August 2021