Jess & Ors v Jess

Case

[2022] HCASL 24


Details
AGLC Case Decision Date
Jess & Ors v Jess [2022] HCASL 24 [2022] HCASL 24

CaseChat Overview and Summary

In the case of Jess & Ors v Jess, the applicants sought an extension of time for the purpose of lodging a special leave to appeal in the High Court. The respondents opposed the application. The legal dispute centred on whether the applicants should be granted an extension of time to file their application, and whether the proposed appeal would turn on an issue of principle or require the court's re-examination of concurrent findings of fact made by lower courts. The High Court was required to decide whether the applicants' application for an extension of time should be granted, and if the appeal would involve issues of principle or necessitate a re-examination of the facts.

The High Court examined the merits of the proposed appeal, and determined that it did not turn on an issue of principle. The court also concluded that the administration of justice did not require it to re-examine the findings of fact made by the lower courts. The court considered that the application for an extension of time was essentially futile, given that the appeal would not involve issues of principle or require a re-examination of the facts. The court therefore found that the application for an extension of time should be refused.

The High Court dismissed the application for an extension of time, and ordered the applicants to pay costs. The court found that the proposed appeal did not involve issues of principle or require a re-examination of the facts, and that it would be futile to grant the required extension of time. The court held that the application should be refused, and that the applicants should pay costs.

The final orders of the court were that the application for an extension of time was dismissed with costs. The court found that the proposed appeal did not involve issues of principle or require a re-examination of the facts, and that it would be futile to grant the required extension of time. The applicants were ordered to pay costs to the respondents.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Limitation Periods

  • Appeal

  • Costs

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Cases Citing This Decision

16

VILMAR and GROOBER [2017] FCWA 16
High Court Bulletin [2022] HCAB 1
Jess & Jess (No 5) [2024] FedCFamC1A 85
Cases Cited

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Statutory Material Cited

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