Khoo & Anor v Bartholomaeus

KHOO & ANOR
v
BARTHOLOMAEUS
[2021] HCASL 127
A20/2021

The applicants require an extension of time within which to file the application for special leave to appeal. The applicants have not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advance no arguable ground of appeal against the decision of the Full Court of the Supreme Court of South Australia (Kelly, Livesey and Bleby JJ) refusing the applicants' application for leave to appeal under s 71(1) of the South Australian Civil and Administrative Tribunal Act 2013 (SA). An appeal to this Court would enjoy no prospect of success. It would therefore be futile to grant the extension that is sought. Special leave should be refused.
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.

M.M. Gordon S.H.P. Steward

5 August 2021

CaseChat Overview and Summary

In the case of Khoo & Anor v Bartholomaeus, the applicants sought an extension of time to file an application for special leave to appeal against a decision of the Full Court of the Supreme Court of South Australia. The applicants were contesting the refusal of their application for leave to appeal, which was made under section 71(1) of the South Australian Civil and Administrative Tribunal Act 2013. The Full Court had dismissed their appeal, and the applicants now sought to appeal to the High Court of Australia.

The primary legal issue before the court was whether the applicants had identified a question of principle of general importance that warranted the grant of special leave to appeal. Additionally, the court had to determine whether the applicants had advanced any arguable ground of appeal against the decision of the Full Court. The court was also required to consider whether granting the extension sought by the applicants would be futile, as an appeal to the High Court would have no prospect of success.

The High Court held that the applicants had not identified a question of principle of general importance that would warrant the grant of special leave to appeal. Furthermore, the court found that the applicants had not advanced any arguable ground of appeal against the decision of the Full Court. Given these findings, the court concluded that granting the extension sought by the applicants would be futile, as an appeal to the High Court would enjoy no prospect of success.

Consequently, the High Court dismissed the application for an extension of time to file the application for special leave to appeal. The court directed the Registrar to draw up, sign, and seal an order dismissing the application. The order was signed on 5 August 2021 by Justices M.M. Gordon and S.H.P. Steward.

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