Islam v Australian Real Estate Relation Pty Ltd (ACN 619 522 182) & Ors

ISLAM
v
AUSTRALIAN REAL ESTATE RELATION PTY LTD (ACN 619 522 182) & ORS
[2024] HCASL 89
S174/2023

The applicant applies for an extension of time in which to seek special leave to appeal from the judgment of the Court of Appeal of the Supreme Court of New South Wales (Ward P and Griffiths A-JA) delivered on 13 June 2023.[1]
[1]Islam v Australian Real Estate Relations Pty Ltd [2023] NSWCA 131.
The application fails to articulate appropriate grounds of appeal for this Court to consider, and the proposed appeal otherwise does not have reasonable prospects of success. It would therefore be futile to grant the extension of time sought.
Special leave to appeal is refused.
Gleeson J
Beech-Jones J
11 April 2024

CaseChat Overview and Summary

The applicant, Islam, sought an extension of time to appeal a decision from the Court of Appeal of the Supreme Court of New South Wales, which had delivered its judgment on 13 June 2023. The judgment was made in a case involving Australian Real Estate Relations Pty Ltd and others. The primary issue before the High Court was whether to grant the applicant an extension of time to seek special leave to appeal, given the Court of Appeal's decision.

The High Court was required to determine if the application presented sufficient grounds for appeal and whether the proposed appeal had reasonable prospects of success. The applicant needed to demonstrate that the proposed grounds of appeal were substantial and that the appeal was not merely futile. The Court needed to weigh the merits of the proposed appeal against the principles of judicial economy and the desirability of finality in litigation.

In dismissing the application, the Court found that the applicant had not articulated appropriate grounds of appeal that warranted an extension of time. Furthermore, the Court concluded that the proposed appeal did not have reasonable prospects of success, making it futile to grant the extension. As a result, the High Court refused special leave to appeal. The decision emphasised the importance of demonstrating substantial grounds for appeal and the need for appeals to have a realistic chance of success.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established