Kipling v Netis

KIPLING
v
NETIS
[2020] HCASL 236
B48/2020

An extension of time is necessary to enable this application for special leave to appeal to proceed. The appeal foreshadowed by the application for special leave to appeal would be concerned with matters of practice and procedure and questions of fact. No question of principle that would warrant the grant of special leave to appeal would arise. Further, the proposed appeal has no prospect of success. The application for special leave should be refused. It would be futile to grant the extension of time.
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

12 November 2020

CaseChat Overview and Summary

The case of Kipling v Netis involved the applicant, Kipling, seeking an extension of time to allow for an application for special leave to appeal to proceed. The application was made against Netis. The primary concern of the application was the extension of time for the appeal, which was anticipated to be focused on issues of practice and procedure as well as questions of fact, rather than any significant questions of principle. The High Court was tasked with determining whether the application for special leave should be granted and if the extension of time should be permitted.

The court considered the legal issues regarding the granting of special leave to appeal, particularly whether there were any questions of principle that warranted such leave. The court also assessed the prospects of success for the proposed appeal. Given that the appeal was expected to address matters of practice and procedure and questions of fact, rather than novel legal principles, the court concluded that no substantial question of principle was involved. Additionally, the court determined that the appeal had no reasonable chance of success. Based on these considerations, the court found that the application for special leave should be refused, and the extension of time would be futile.

In its judgment, the court ruled that the application for special leave to appeal should be dismissed, and the extension of time was unnecessary. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the court directed the Registrar to prepare, sign, and seal the order dismissing the application. The decision was delivered on 12 November 2020, with Justice Keane and Justice Edelman forming part of the panel that made the ruling. The orders effectively ended the applicant's attempt to extend the time for the appeal.

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