Martin, Application by
Case
•
[2001] HCATrans 153
Details
AGLC
Case
Decision Date
Martin, Application by [2001] HCATrans 153
[2001] HCATrans 153
CaseChat Overview and Summary
This matter concerned an application by Martin for leave to appeal to the High Court of Australia. The application arose from a decision of the Full Court of the Federal Court of Australia.
The primary legal issue before Kirby J was whether the applicant had demonstrated that the appeal raised a question of law that ought to be determined by the High Court. This involved considering whether the case involved a matter of public importance or whether there were other compelling reasons for the High Court to grant leave to appeal.
Kirby J considered the principles governing the grant of special leave to appeal, emphasizing the High Court's role as a court of final resort and the need for an applicant to show that the appeal involves a question of law of general public importance or that there are other compelling reasons for the High Court to hear the appeal. His Honour reviewed the arguments presented by the applicant and concluded that the threshold for granting special leave had not been met.
Special leave to appeal was refused.
The primary legal issue before Kirby J was whether the applicant had demonstrated that the appeal raised a question of law that ought to be determined by the High Court. This involved considering whether the case involved a matter of public importance or whether there were other compelling reasons for the High Court to grant leave to appeal.
Kirby J considered the principles governing the grant of special leave to appeal, emphasizing the High Court's role as a court of final resort and the need for an applicant to show that the appeal involves a question of law of general public importance or that there are other compelling reasons for the High Court to hear the appeal. His Honour reviewed the arguments presented by the applicant and concluded that the threshold for granting special leave had not been met.
Special leave to appeal was refused.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Jurisdiction
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
Cox v Journeaux (No 2)
[1935] HCA 48
Tait v The Queen
[1962] HCA 57