J v D

J
v
D
[2023] HCASL 18
S139/2022

The applicant requires an extension of time of more than two months to seek special leave to appeal against the unanimous decision of the Court of Appeal of New South Wales (Leeming, White and Brereton JJA) dismissing the applicant's appeal against an order of the District Court of New South Wales (Abadee DCJ) in which damages were awarded to the applicant.
The proposed appeal has insufficient prospects of success to justify a grant of special leave and raises no issue of principle. In those circumstances, it would be futile to grant the required extension of time. The application should be refused.
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 with costs.

M.M. Gordon J.M. Jagot

9 March 2023

CaseChat Overview and Summary

In the case of J v D, the applicant sought an extension of time to seek special leave to appeal against a decision of the Court of Appeal of New South Wales, which had dismissed an appeal against a District Court order awarding damages. The applicant required an extension of more than two months to file the special leave application. The central issue before the court was whether the applicant's application for an extension of time should be granted, considering the prospects of success and any issues of principle that the proposed appeal might raise.

The court needed to determine if the proposed appeal had sufficient prospects of success to warrant a grant of special leave and whether it raised any significant legal issues. The Court of Appeal had already considered the merits of the case and dismissed the appeal unanimously, which indicated that the appeal was unlikely to succeed. Additionally, the court found that the proposed appeal did not raise any issues of principle that would warrant special leave. Consequently, the court concluded that granting the extension of time would be futile.

The court rejected the applicant's application for an extension of time. The court found that the proposed appeal lacked the necessary prospects of success and did not raise any significant legal issues. The court considered it futile to grant the extension of time under the circumstances. As a result, the application was dismissed, and the Registrar was directed to draw up, sign and seal an order dismissing the application with costs.

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