In the Matter of An Application by Mark Alfred Clarkson For Leave To Appeal

CaseChat Overview and Summary

The application at hand involves Mark Alfred Clarkson, who is seeking leave to appeal from the judgment of Gordon J, which dismissed his ex parte application for leave to issue or file an application for show cause orders. The applicant's intention was to challenge the correctness of a decision made by Gordon J. The primary legal issue before the court was whether Clarkson should be granted leave to appeal the decision of Gordon J. The court had to consider whether the appeal had any prospects of success and if it was in the interests of justice to grant leave to appeal.

The court, comprising J.J. Edelman and J.S. Gleeson, determined that the decision of Gordon J was correct and that an appeal to the High Court would have no prospects of success. The court found that the application for leave to appeal was not warranted, as the decision of Gordon J was sound and there was no reasonable basis for an appeal. The court also considered that it was not in the interests of justice to grant leave to appeal, as it would not result in any significant change or improvement to the outcome of the case.

The court's reasoning was based on the merits of the case and the grounds upon which the application for leave to appeal was made. The court concluded that the applicant's arguments did not provide a strong enough basis for an appeal and that the decision of Gordon J was correct. As a result, the application for leave to appeal was dismissed. The court further directed the Registrar to draw up, sign and seal an order dismissing the application.

The final orders of the court were to dismiss the application for leave to appeal and direct the Registrar to draw up, sign and seal an order dismissing the application. The decision of Gordon J was upheld, and the applicant's attempt to appeal the decision was unsuccessful.

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CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

J.J. Edelman	J.S. Gleeson
8 December 2022