Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd (in Its Own and as trustee of the Huntley Trust)

[2018] HCASL 130

LAND ENVIRO CORP PTY LTD
v

HTT HUNTLEY HERITAGE PTY LTD (IN ITS OWN AND AS TRUSTEE OF THE HUNTLEY TRUST) & ORS

[2018] HCASL 130
S35/2018

1. The proposed challenge to the exercise of the Court of Appeal of the Supreme Court of New South Wales' discretionary determination of 22 August 2017 does not involve a question of law suitable for the grant of special leave nor does the refusal to recall the orders made on that occasion raise such a question.  An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave.  Hence, it would be futile to grant the extension of time that is sought.  Special leave should be refused.

2. 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.

V.M. Bell
16 May 2018 S.J. Gageler