In the Matter of An Application BY Kellan John Reynolds for Leave to Appeal

IN THE MATTER OF AN APPLICATION BY KELLAN JOHN REYNOLDS FOR LEAVE TO APPEAL
[2025] HCADisp 23
P3/2025

The applicant requires an extension of time within which to seek leave to appeal from the judgment of a single Justice of this Court (Steward J) refusing the applicant's ex parte application for leave to issue or file a special leave application under r 6.07.3 of the High Court Rules 2004 (Cth).
By Form 21 application dated 19 February 2025, the applicant also seeks a stay of the orders made in the Supreme Court of Western Australia for the preservation of certain property and other orders which appear to be contingent upon the applicant's success in this Court.
Nothing in the applicant's application for leave to appeal raises any reason to doubt the correctness of the decision of Steward J. An appeal to this Court would enjoy no prospects of success.
Leave to appeal is refused. It follows that the Form 21 application must also be refused.
Edelman J
Gleeson J
6 March 2025

CaseChat Overview and Summary

The application by Kellan John Reynolds for leave to appeal arises from a decision by Justice Steward, who refused the applicant's ex parte application for leave to issue or file a special leave application under rule 6.07.3 of the High Court Rules 2004 (Cth). Reynolds also sought a stay of orders made by the Supreme Court of Western Australia, which pertain to the preservation of certain property and other orders contingent on the applicant's success in the High Court. The central issue before the court was whether Reynolds should be granted an extension of time to seek leave to appeal and whether there were grounds to stay the orders made by the Supreme Court of Western Australia.

The court addressed the question of whether the applicant's application for leave to appeal raised any doubt about the correctness of Justice Steward's decision. The court examined the merits of the application and concluded that there were no grounds to question the correctness of Justice Steward's decision. Furthermore, the court determined that an appeal to the High Court would have no prospects of success, given the circumstances and the arguments presented. Consequently, the court found no basis to grant the extension of time for the appeal or to stay the orders made by the Supreme Court of Western Australia.

In light of the above, the court refused the application for leave to appeal and consequently also refused the Form 21 application. The reasoning was grounded in the lack of any reasonable doubt regarding the correctness of Justice Steward's decision and the absence of prospects of success for an appeal. The final orders were clear: leave to appeal was refused, and the Form 21 application was dismissed.

CaseChat Overview and Summary

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