Kitoko v Sydney Local Health District "SLHD" ABN 17 520 269 052 & Ors

KITOKO
v
SYDNEY LOCAL HEALTH DISTRICT "SLHD" ABN 17 520 269 052 & ORS
[2024] HCASL 210
S58/2024

The applicant requires an extension of time within which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Ward P and Gleeson JA) dismissing the applicant's summons seeking leave to appeal from a judgment of the Supreme Court of New South Wales (Fagan J).
The application does not identify any reason to doubt the correctness of the decision of the Court of Appeal, which involved the application of settled principles concerning practice and procedure. An appeal to this Court would enjoy no prospects of success. Accordingly, it would be futile to grant an extension of time.
Special leave to appeal is refused.
Edelman J
Jagot J
5 September 2024

CaseChat Overview and Summary

Kitoko filed an application for an extension of time to seek special leave to appeal against a decision of the Court of Appeal of the Supreme Court of New South Wales. The Court of Appeal had dismissed Kitoko's summons seeking leave to appeal from a judgment of the Supreme Court of New South Wales. The respondents were the Sydney Local Health District and others. The application for an extension of time was brought before the High Court, which was required to decide whether the application should be granted.

The legal issues before the court included whether there were any reasons to doubt the correctness of the Court of Appeal's decision and whether an appeal to the High Court had any prospects of success. The Court of Appeal's decision involved settled principles concerning practice and procedure, and there was no indication that the decision was incorrect. The High Court found that an appeal to the Court would enjoy no prospects of success and would therefore be futile.

The High Court refused the application for an extension of time, stating that there were no reasons to doubt the correctness of the Court of Appeal's decision. The Court found that an appeal to the High Court would be futile, as it would enjoy no prospects of success. As a result, the application was dismissed. No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established