Jafari v 23 Developments Pty Ltd

[2020] HCASL 228

JAFARI

v
23 DEVELOPMENTS PTY LTD & ORS

[2020] HCASL 228
M79/2020

1. On 16 April 2020, Keane and Edelman JJ directed, pursuant to r 41.08.1 of the High Court Rules 2004 (Cth) that the Registrar draw up, sign and seal an order dismissing the applicant's application for special leave to appeal against a judgment of the Court of Appeal of the Supreme Court of Victoria (Whelan and Niall JJA and Sifris AJA) of 19 September 2019 ("the Court of Appeal's first judgment").

2. By the Court of Appeal's first judgment, the Court of Appeal refused the applicant leave to appeal against the judgment of the primary judge (Elliott J) holding, inter alia, that the applicant had engaged in misleading and deceptive conduct by representing to the respondents as prospective purchasers of land in Seddon that there would not be "any issues" with respect to contamination of the land.

3. By application dated 15 May 2020, the applicant applied to the Court of Appeal for leave to file "new and[/]or fresh evidence" regarding the level of contamination of the land and for a rehearing of the appeal in light of that evidence. On 23 July 2020, the Court of Appeal (Niall JA) dismissed that application ("the Court of Appeal's second judgment"). The applicant now applies, out of time, for special leave to appeal against the Court of Appeal's second judgment.

4. The applicant requires an extension of time, but an extension of time would be futile. There is no reason to doubt the correctness of the Court of Appeal's second judgment. An appeal to this Court would enjoy no prospect of success.

5. Pursuant to r 41.08.1 of the High Court Rules, we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle	M.M. Gordon
5 November 2020