Jabbar v Gade & Anor Jabbar v Gade

Case [2019] HCASL 344

JABBAR

v

GADE & ANOR

JABBAR

v

GADE & ANOR

[2019] HCASL 344
S61/2019
S62/2019

  1. We direct that Matter No S62/2019 be consolidated with Matter No S61/2019.

  2. The applicant seeks special leave to appeal from the whole of the judgment of the Full Court of the Family Court of Australia (Aldridge, Austin and Gill JJ). The applications raise no reason to doubt the correctness of that decision. Special leave should be refused.

  3. 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 applications.

V.M Bell S.J Gageler
17 October 2019
Details
AGLC
Jabbar v Gade & Anor Jabbar v Gade [2019] HCASL 344
Case
[2019] HCASL 344
Decision Date

CaseChat Overview and Summary

In the case of Jabbar v Gade, the High Court of Australia was asked to consider an application for special leave to appeal from the Full Court of the Family Court of Australia. The parties involved in the dispute were Jabbar, the applicant, and Gade and an additional respondent. The nature of the dispute centred around family law matters, with the specifics of the case not being detailed in the summary. The application for special leave to appeal was brought to the High Court, which is the highest court in Australia and has the ultimate jurisdiction in all matters.

The legal issues that the court was required to decide involved the correctness of the decision made by the Full Court of the Family Court of Australia. The High Court was tasked with evaluating whether there were any grounds to doubt the correctness of the Full Court's judgment. This involved assessing the merits of the case and the potential impact of any errors in the lower court's decision.

The court's reasoning and outcome were based on the application of the rules and principles of special leave to appeal. After careful consideration, the High Court determined that the application for special leave to appeal did not raise any reason to doubt the correctness of the Full Court's decision. As a result, the High Court refused the application for special leave to appeal and directed that the matter be dismissed. This decision was made in accordance with the relevant provisions of the High Court Rules 2004 (Cth), specifically rule 41.08.1, which governs the process for dismissing applications for special leave to appeal.

The final orders of the court included the dismissal of the applications for special leave to appeal and the consolidation of Matter No S62/2019 with Matter No S61/2019. The Registrar was directed to draw up, sign, and seal an order dismissing the applications, as per the directions of the High Court judges V.M Bell and S.J Gageler. This decision was made on 17 October 2019, bringing the matter to a close in the High Court.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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