Hood v Down Under Enterprises International Pty Limited Hood v Native Oils Australia Pty Ltd Hood v New Directions Australia Pty Limited

Hood
v
Down Under Enterprises International Pty Limited
Hood
v
Native Oils Australia Pty Ltd
Hood
v
New Directions Australia Pty Limited
[2022] HCASL 162
S85/2022
S86/2022
S87/2022

The applicant requires extensions of time within which to seek special leave to appeal in three related matters from a unanimous decision of the Full Court of the Federal Court of Australia (Yates, Moshinsky and Rofe JJ) to dismiss the applicant's appeal from a decision of the Federal Court (Nicholas J).
The applications do not raise any question of principle and there is no reason to doubt the correctness of the decision of the Full Court. Accordingly, special leave should be refused. It would therefore be futile to grant the extensions 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 each application with costs.

S.J. Gageler S.H.P. Steward

19 September 2022

CaseChat Overview and Summary

The High Court of Australia was asked to consider three related applications by the applicant, who sought extensions of time to lodge applications for special leave to appeal against decisions made by the Full Court of the Federal Court. The Full Court had dismissed the applicant's appeal from a decision of the Federal Court in three separate matters, and the applicant sought to appeal these decisions to the High Court. The legal issues before the court were whether the applications for extensions of time should be granted and whether special leave should be granted to appeal the decisions of the Full Court.

The High Court found that the applications for extensions of time did not raise any questions of principle and that there was no reason to doubt the correctness of the decisions of the Full Court. The court held that it would be futile to grant the extensions of time sought, as it would not be in the interests of justice to do so. The court noted that the applicant had had ample opportunity to lodge the applications for special leave to appeal within the relevant time limits and that there were no exceptional circumstances that warranted an extension of time.

Accordingly, the High Court refused the applications for extensions of time and dismissed the applications for special leave to appeal. The court held that it would be inappropriate to grant the extensions of time sought, as it would not be in the interests of justice to do so. The court also noted that the applicant had not provided any compelling reasons for the delay in lodging the applications for special leave to appeal.

The High Court made orders dismissing each of the applications for extensions of time and for special leave to appeal, with costs. The court held that the applications were futile and that there were no exceptional circumstances that warranted an extension of time. The court also noted that the applicant had not provided any compelling reasons for the delay in lodging the applications for special leave to appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established