Kerrison v Kerrison

Kerrison
v
Kerrison
[2022] HCASL 144
B32/2022

An extension of time is necessary to enable this application for special leave to appeal to proceed. The appeal foreshadowed by the application would concern a matter relating to costs and would not turn on any issue of principle of general importance such as would warrant the attention of this Court. The application for special leave should be refused. That being so, it would be futile to grant the extension of time necessary to enable the application to proceed.
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 application.

P.A. Keane J.J. Edelman

19 September 2022

CaseChat Overview and Summary

In the case of Kerrison v Kerrison, the applicant sought an extension of time to enable the application for special leave to appeal to proceed. The application would have concerned a matter relating to costs. The appeal was not deemed to involve any issue of principle of general importance. The application for special leave was ultimately refused. The court found that it would be futile to grant the extension of time necessary to enable the application to proceed. The case was presided over by Keane P.A. and Edelman J.J.

The legal issues at hand involved the granting of an extension of time for the application for special leave to appeal to proceed. The applicant argued that the extension was necessary to enable the appeal to proceed. However, the court found that the appeal did not turn on any issue of principle of general importance, and therefore the application for special leave should be refused. The court also considered the futility of granting the extension of time necessary to enable the application to proceed.

The court's reasoning was that the appeal did not involve any issue of principle of general importance. The court found that the matter related solely to costs and did not warrant the attention of the High Court. The court also noted that it would be futile to grant the extension of time necessary to enable the application to proceed, as the application for special leave had already been refused. The court concluded that the application for an extension of time should be dismissed.

As a result of the court's decision, the application for special leave to appeal was dismissed, and the extension of time necessary to enable the application to proceed was denied. The court directed the Registrar to draw up, sign and seal an order dismissing the application.

Keep reading for free

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established