Heise v Employers Mutual Limited (ACN 000006486)

HEISE
v
EMPLOYERS MUTUAL LIMITED (ACN 000006486)
[2023] HCASL 84
S8/2023

The applicant seeks an extension of time within which to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Mitchelmore and Kirk JJA, Griffiths AJA) dismissing her appeal from a judgment of the Supreme Court of New South Wales (Adamson J). The Court of Appeal's decision is not attended with sufficient doubt to warrant a grant of special leave. The application is refused with costs, and it would be futile to grant the extension of time sought.
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.

S.J. Gageler J.S. Gleeson

18 May 2023

CaseChat Overview and Summary

Heise filed an application seeking an extension of time to apply for special leave to appeal a decision made by the Court of Appeal of the Supreme Court of New South Wales. The original appeal was from a judgment rendered by the Supreme Court of New South Wales. The Court of Appeal had dismissed Heise's appeal, and she now sought to appeal to the High Court. The application for special leave was brought under rule 41.08.1 of the High Court Rules 2004 (Cth).

The primary legal issue before the court was whether there was sufficient doubt about the correctness of the Court of Appeal's decision to warrant the granting of special leave. Additionally, the court needed to determine whether it would be futile to grant the extension of time requested by Heise. Special leave is a discretionary remedy, and the court considered the merits of the case and the potential for the appeal to succeed. The court also examined the reasons provided by Heise for the delay in seeking the extension.

The court found that the decision of the Court of Appeal did not present sufficient doubt to warrant granting special leave. The court held that the application for special leave was unlikely to succeed and therefore, it would be futile to grant the requested extension of time. As a result, the application was refused, and costs were awarded against Heise. The judges emphasised that the decision was based on the merits of the case and the absence of a reasonable prospect of success in the appeal.

The final orders of the court were to dismiss the application with costs and to direct the Registrar to prepare, sign, and seal an order to that effect. The judges signed the order on May 18, 2023. This decision closed the application for special leave and prevented Heise from further pursuing her appeal in the High Court.

Continue reading Heise v Employers Mutual Limited (ACN 000006486)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established