Mathews v Cooper & Ors

MATHEWS
V
COOPER & ORS
[2023] HCASL 80
B11/2023

The applicant seeks a substantial extension of time in which to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Gotterson and Morrison JJA and Bond J). The Court of Appeal dismissed an appeal from orders made against the applicant under the Vexatious Proceedings Act 2005 (Qld). The application raises no question of general principle and has insufficient prospects of success to warrant a grant of special leave. The extension of time is refused.
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.

S.J. Gageler J.M. Jagot

18 May 2023

CaseChat Overview and Summary

The applicant, Mathews, seeks a significant extension of time to apply for special leave to appeal a decision made by the Court of Appeal of the Supreme Court of Queensland. The original case involved orders made against the applicant under the Vexatious Proceedings Act 2005 (Qld), which were upheld by the Court of Appeal. The appeal to the High Court seeks to extend the time within which Mathews can apply for special leave to appeal the Court of Appeal’s decision. The primary legal issue before the court was whether the application for an extension of time should be granted, given that it does not raise any questions of general principle and lacks sufficient prospects of success.

The court considered the criteria for granting special leave to appeal, focusing on the need for the application to raise significant legal questions of general principle or to have sufficient prospects of success. In this case, the application did not meet these criteria. The court found that the case did not present any novel or significant legal issues and that the applicant's prospects of success in appealing the Court of Appeal's decision were low. As such, the court concluded that there was no merit in granting the requested extension of time.

As a result of the court's reasoning, the application for an extension of time was dismissed. The court further directed the Registrar to draw up, sign, and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). This decision underscores the stringent requirements for extensions of time in special leave applications to the High Court, particularly when the application does not involve substantial legal issues or have a reasonable chance of success.

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