Kadhem v Trinity Green Development Pty Ltd

Kadhem sought leave to appeal from a decision of the Supreme Court of Queensland, which had dismissed an action for damages against Trinity Green Development Pty Ltd. The appeal was based on the argument that the time for filing the notice of appeal had expired, but leave to appeal should still be granted due to various factors, including a reasonable explanation for the delay and the prospects of success in the substantive appeal. The court also considered whether fairness dictated that leave should be granted, and the matter of costs.

The central issue before the court was whether the applicant had provided a reasonable explanation for the delay in filing the notice of appeal. Additionally, the court had to determine if the applicant had reasonable prospects of success on the substantive appeal if leave were granted. The court also considered whether fairness dictated that leave should be granted, and the matter of costs.

In assessing the application, the court examined the applicant's explanation for the delay in filing the notice of appeal. The court found that the explanation provided was not reasonable, as it did not account for the significant delay in filing the notice. The court also found that the applicant did not have reasonable prospects of success in the substantive appeal. Furthermore, the court determined that fairness did not dictate that leave should be granted. Consequently, the court dismissed the application for leave to appeal and ordered the applicant to pay the co-respondent's costs of the application, not to exceed $750.