Kleeman v The Star Entertainment Group Limited ABN 85 149 629 023 & Anor

Kleeman
v
The Star Entertainment Group Limited ABN 85 149 629 023 & Anor
[2022] HCASL 204
B38/2022

The applicant requires an extension of time to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Sofronoff P, Fraser and Mullins JJA). The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal. An appeal to this Court would not enjoy sufficient prospects of success and it would not otherwise be in the interests of the administration of justice to grant special leave to appeal. 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

8 December 2022

CaseChat Overview and Summary

The applicant, Kleeman, sought an extension of time to apply for special leave to appeal a decision made by the Court of Appeal of the Supreme Court of Queensland. The case involved a dispute over the operation of a gaming machine, specifically the "Thunderstruck II" slot machine, at the respondent's casino. The primary legal issue was whether the appeal had sufficient prospects of success and if it was in the interests of justice to grant special leave to appeal.

The court examined the grounds of appeal and found that the applicant had not identified a question of principle of general importance that would warrant a grant of special leave to appeal. The court further concluded that an appeal to the High Court would not enjoy sufficient prospects of success, and that it would not be in the interests of the administration of justice to grant special leave to appeal. Therefore, the application for an extension of time was denied, and the appeal was dismissed.

In reaching its decision, the court considered the relevant legal principles and authorities, as well as the facts of the case. The court found that the applicant had not demonstrated that the appeal would raise a significant legal issue or that it had a reasonable chance of success. Additionally, the court noted that the appeal would not serve the interests of justice, as it would be futile.

The court's final orders were that the application for an extension of time be dismissed, and that the Registrar be directed to draw up, sign, and seal an order dismissing the application for special leave to appeal. The decision was made by Justices Gordon and Steward on 8 December 2022.

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