KI Bun Kwon v Kun Ii Cha

[2015] HCASL 165

KI BUN KWON

v

KUN II CHA

[2015] HCASL 165
S98/2015

1. In May 2013, the applicant applied for an order extending a caveat she had lodged over a property in Bankstown, Sydney.  That application was refused by the Supreme Court of New South Wales (Kunc J) on the basis that the applicant had not disclosed a caveatable interest in the property.

2. The applicant then filed a statement of claim in the Supreme Court on 12 August 2013 seeking relief in matters concerning the Bankstown property and money she claimed to have lent the respondent between 1979 and 1982.  On 10 September 2013, the Supreme Court (White J) summarily dismissed the proceedings on the basis that the statement of claim disclosed no reasonable cause of action.  His Honour considered that it was not in the interests of justice to give the applicant leave to file a fresh statement of claim and the respondent should not be put to any further expense or vexation by reason of the proceedings.

3. On 19 August 2014, White J dismissed the applicant's application for an order for the extension of a caveat in respect of the Bankstown property.  White J noted that the applicant sought to reagitate the claims made in the proceedings dismissed on 10 September 2013.  His Honour held that the applicant's materials did not disclose any caveatable interest and that there was no reason to give the applicant leave to lodge a further caveat claiming in substance the same interest as was the subject of the caveat that had lapsed.  White J also refused leave to issue a subpoena for the inspection of a document held by the respondent's solicitor.

4. On 22 April 2015, the Court of Appeal of the Supreme Court of New South Wales (Ward JA, with whom Leeming JA agreed) refused leave to appeal from the decisions of White J given on 10 September 2013 and 19 August 2014.  Ward JA held that the applicant's appeals were doomed to fail.

5. The applicant seeks special leave to appeal to this Court.  She requires an extension of time in which to do so.  The applicant's draft notice of appeal and written case do not identify any question of law or error in the decisions below.  An appeal to this Court would enjoy no prospects of success and therefore a grant of an extension of time would be futile.

6. 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 October 2015 P.A. Keane