Hesham Galam BY His Litigation Guardian Alzbeta Tichonova v Shahin

Case

[2023] HCASL 88


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AGLC Case Decision Date
Hesham Galam BY His Litigation Guardian Alzbeta Tichonova v Shahin [2023] HCASL 88 [2023] HCASL 88

CaseChat Overview and Summary

The case at hand involves Hesham Galam, represented by his litigation guardian Alzbeta Tichonova, against Shahin. The dispute pertains to an appeal against a decision of the Court of Appeal of the Supreme Court of South Australia, which was presided over by Doyle and Bleby JJ. The initial case was a complex one, touching upon various legal issues that required judicial scrutiny and resolution.

The legal issues central to this case revolved around the correctness of the Court of Appeal's decision, the validity of the grounds for appeal, and the prospects of success if the appeal were to proceed to the High Court. The Court of Appeal had already meticulously reviewed the case, and the primary concern now was whether the High Court should entertain the appeal and, if so, whether it had any likelihood of success.

In evaluating the application for special leave to appeal, the High Court found that the decision of the Court of Appeal was both sound and well-reasoned. The justices concluded that there were no apparent grounds to question the correctness of the Court of Appeal's decision. Furthermore, it was determined that an appeal to the High Court would not have any prospects of success. Consequently, the application for special leave to appeal was dismissed.

As per the High Court Rules 2004 (Cth), the Registrar was directed to draft, sign, and seal an order dismissing the application. The decision underscores the rigorous scrutiny applied to appeals and the threshold that must be met for the High Court to consider such applications.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

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Most Recent Citation
Kelly v UNSW [2025] NSWDC 24

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High Court Bulletin [2023] HCAB 5
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