In the Matter of An Application BY Land Enviro Corp Pty Ltd for Leave to Appeal
[2019] HCASL 50
IN THE MATTER OF AN APPLICATION BY LAND ENVIRO CORP PTY LTD FOR LEAVE TO APPEAL
[2019] HCASL 50
S324/2018
On 16 May 2018, the applicant's application for special leave to appeal to this Court from the judgment of the Court of Appeal of the Supreme Court of New South Wales was refused by this Court constituted by Bell and Gageler JJ: Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd (in its own and as Trustee of the Huntley Trust) [2018] HCASL 130.
On 30 July 2018, Nettle J, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), directed the Registrar to refuse to issue or file a summons, seeking an order that the applicant's application for special leave be reopened, without the leave of a Justice of this Court first having been obtained. On 14 November 2018, Keane J refused the applicant leave to file the summons and dismissed the summons. The applicant seeks leave to appeal from Keane J's judgment.
An appeal to this Court would enjoy no prospect of success. Leave to appeal should be refused.
Pursuant to r 41.08.1 of the HighCourt Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
M.M Gordon J.J Edelman 13 March 2019
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