Kwon v Cha

[2006] HCATrans 80

[2006] HCATrans 080

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S416 of 2005

B e t w e e n -

KI BUN KWON

Applicant

and

KUN IL CHA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 7 MARCH 2006, AT 9.33 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal from orders of the Family Court of Australia (Boland J) given on 29 August 2005.  Her Honour dismissed an application for an extension of time in which to appeal from orders made by O’Ryan J on 2 December 1998, together with an oral application for an extension of time in which to appeal from orders made by Coleman J on 30 June 1994.

The orders of O’Ryan J dismissed an application for an extension of time in which to appeal from orders made by Brown J affirming orders of a Registrar of the Family Court dismissing an application by the present applicant for property settlement which was made out of time and without leave.  The orders of Coleman J affirmed orders of a Judicial Registrar dismissing another application by the applicant for leave to bring property proceedings out of time.  Boland J observed also that other applications were made in that Court and in the Federal Magistrates Court which were unsuccessful. 

In dismissing the applications before her, Boland J concluded, first, that there was no right of appeal against the orders of O’Ryan J; secondly, that any appeal against the orders of Coleman J would have “no discernable prospects of success”; thirdly, that having regard to the long delay between the orders of Coleman J and the application for extension of time, as well as the number of applications made, no injustice could be caused to the applicant by refusing to extend time in which to appeal.

Having regard to the history of the proceedings and to the failure of the applicant’s written case to point to any error in the judgment of Boland J, there would be no prospect of success in any appeal to this Court from the Family Court.  Accordingly, special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.35 AM THE MATTER WAS CONCLUDED