Josiyas Mbuzi v Griffith University

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JOSIYAS MBUZI

v

GRIFFITH UNIVERSITY

[2016] HCASL 118
B12/2016

  1. This application requires an extension of time.  The applicant's written case does not identify any reason to doubt the correctness of the decision of the Full Court of the Federal Court of Australia.  An extension of time would be futile.  The application should be dismissed. 

  2. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
15 June 2016 		P.A. Keane
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Details
Case
[2016] HCASL 118
Decision Date

CaseChat Overview and Summary

Josiyas Mbuzi brought a claim against Griffith University, seeking to challenge a decision of the Full Court of the Federal Court of Australia. The applicant, Mbuzi, sought an extension of time to lodge his application for special leave to appeal to the High Court. The Full Court had dismissed his application for special leave to appeal, and he was now asking the High Court to grant him leave to appeal out of time.

The court was required to consider whether it should grant Mbuzi an extension of time to lodge his application for special leave to appeal. The court had to weigh the merits of granting an extension of time against the principle of finality in litigation, which is an important consideration in granting such extensions.

The court found that there were no exceptional circumstances justifying an extension of time. The court held that the written case of the applicant did not identify any reason to doubt the correctness of the decision of the Full Court. Furthermore, the court found that granting an extension of time would be futile, as it would not change the outcome of the case. The court held that the application should be dismissed.

Accordingly, the court dismissed the application for an extension of time to lodge an application for special leave to appeal. The Registrar was directed to draw up, sign and seal an order dismissing the application.

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