Howley v Ghan

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HOWLEY

v

GHAN

[2019] HCASL 339
A15/2019

  1. The applicant requires an extension of time within which to file an application for special leave to appeal from the decision of the Supreme Court of South Australia. An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave. Hence, it would be futile to grant the extension of time that is sought. Special leave should be refused.

  2. 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.

V.M Bell S.J Gageler
17 October 2019
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Details
Case
[2019] HCASL 339
Decision Date

CaseChat Overview and Summary

The applicant, Howley, sought an extension of time to file an application for special leave to appeal against a decision of the Supreme Court of South Australia. The matter was heard in the High Court of Australia. The applicant contended that there were compelling reasons for the delay in lodging the application for special leave. However, the respondents argued that the application was out of time and that it had no reasonable prospects of success.

The central legal issue for the Court was whether the applicant's reasons for the delay in filing the application for special leave were sufficient to warrant an extension of time. The Court also needed to determine whether the application for special leave had any prospects of success.

The Court found that the applicant's reasons for the delay were not compelling enough to warrant an extension of time. The Court noted that the applicant had not demonstrated any exceptional circumstances that could justify the delay. The Court also found that the application for special leave had insufficient prospects of success. Therefore, it would be futile to grant the extension of time that was sought. The Court concluded that special leave should be refused.

The Court dismissed the application and directed the Registrar to draw up, sign and seal an order to that effect. The order was made on 17 October 2019.

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