Manderville v Borah

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MANDERVILLE

v

BORAH

[2022] HCASL 48
B73/2021

  1. The applicant seeks special leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction. There is no reason to doubt the correctness of that Court's reasons. Accordingly, 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 and order dismissing the application.

S.J Gageler J.S Gleeson
16 March 2022
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Details
Case
[2022] HCASL 48
Decision Date

CaseChat Overview and Summary

In this case, the applicant, Manderville, sought special leave to appeal against a decision made by the Federal Circuit and Family Court of Australia, Division 1 Appellate Jurisdiction. The nature of the dispute is not explicitly detailed in the text but concerns a decision made by the lower court which the applicant is dissatisfied with. The application for special leave was heard and dismissed by the High Court.

The legal issue before the court was whether special leave to appeal should be granted to the applicant. This involved assessing whether the decision of the lower court was so flawed or unjust that it warranted review by the High Court. The court had to determine whether there were any errors in law or procedure that would justify the appeal being heard by the High Court.

In dismissing the application, the court found no reason to doubt the correctness of the lower court's reasons. The reasoning indicates that the court was satisfied with the decision-making process and the outcome of the lower court. Therefore, special leave was not granted. The order was to dismiss the application and to direct the Registrar to formalise this decision. The High Court's decision to refuse special leave to appeal effectively upholds the decision of the lower court.

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