Landmark Roofing Pty Ltd v SafeWork NSW

LANDMARK ROOFING PTY LTD
v
SAFEWORK NSW
[2021] HCASL 209
S86/2021

The applicant requires an extension of time to seek special leave to appeal from a unanimous decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Gleeson JA, Garling and Cavanagh JJ). The Court had dismissed an appeal from the decision of the District Court of New South Wales (Russell DCJ).
The application has insufficient prospects of success to warrant a grant of special leave. It would accordingly be futile to grant the extension of time sought.
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 with costs.

S.J. Gageler S.H.P. Steward

14 October 2021

CaseChat Overview and Summary

In the case of Landmark Roofing Pty Ltd v SafeWork NSW, the applicant sought an extension of time to seek special leave to appeal from a unanimous decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. This decision dismissed an appeal from the District Court of New South Wales. The primary issue before the High Court was whether the application had sufficient prospects of success to warrant the grant of an extension of time for special leave to appeal. The applicant argued that there were grounds for appeal that had not been sufficiently considered by the lower courts.

The High Court found that the application did not have sufficient prospects of success to justify the grant of an extension of time. The court held that it would be futile to grant the extension sought, as the appeal was unlikely to succeed on its merits. The court considered the grounds for appeal and determined that they did not provide a sound basis for overturning the lower courts' decisions. The High Court emphasised that special leave to appeal should only be granted where there are compelling reasons to do so, and in this case, such reasons were absent.

As a result, the application for an extension of time to seek special leave to appeal was dismissed. The court ordered that the Registrar draw up, sign, and seal an order dismissing the application with costs, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). The decision underscores the stringent criteria that must be met for an extension of time to be granted in cases involving special leave to appeal.

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