Maureen Mary Young v Roads and Maritime Services

Case [2017] HCASL 243


MAUREEN MARY YOUNG

v

ROADS AND MARITIME SERVICES & ANOR

[2017] HCASL 243
S203/2017

  1. The applicant requires an extension of time, but it would be futile to grant the extension which is sought. 

  2. This application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales concerns matters of interlocutory practice and procedure in which no question of principle would fall for determination.  It would not be in the interests of justice either generally or in the circumstances of this case for this Court to entertain an appeal.

  3. 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.

G.A.A. Nettle
11 October 2017
M.M. Gordon
Details
AGLC
Maureen Mary Young v Roads and Maritime Services [2017] HCASL 243
Case
[2017] HCASL 243
Decision Date

CaseChat Overview and Summary

The applicant, Maureen Mary Young, sought an extension of time in relation to an application for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of New South Wales. The legal dispute involved matters of interlocutory practice and procedure. The respondents to the application were Roads and Maritime Services and another party, which is not specified in the decision. The High Court of Australia was asked to consider whether special leave to appeal should be granted, and whether it would be in the interests of justice to entertain such an appeal.

The primary legal issue before the High Court was whether it would be in the interests of justice to grant the extension of time that was sought by the applicant. This involved assessing whether the case raised any questions of principle that would warrant a determination by the High Court. Additionally, the court had to consider the futility of granting the extension in light of the circumstances of the case.

The High Court found that the application for an extension of time would be futile, and that no question of principle would fall for determination. It was held that it would not be in the interests of justice to entertain the appeal. Consequently, the Court dismissed the application for special leave to appeal. The Court directed the Registrar to draw up, sign and seal an order to this effect.

The final order of the Court was that the application for special leave to appeal was dismissed, and the Registrar was directed to draw up, sign and seal an order to this effect. This outcome effectively concluded the proceedings before the High Court in this matter.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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