Michos v Eastbrooke Medical Centre Pty Ltd

MICHOS
v
EASTBROOKE MEDICAL CENTRE PTY LTD
[2020] HCASL 21
M120/2019

The applicant requires an extension of time within which to file an application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Victoria. The application concerns a matter of practice and procedure and raises no question of the application of principle. There is no reason to question the decision below. Hence, it would be futile to grant the extension of time that is sought. Special leave should be 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.

V.M Bell S.J Gageler

12 February 2020

CaseChat Overview and Summary

In the matter of Michos v Eastbrooke Medical Centre Pty Ltd, the applicant sought an extension of time to file an application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Victoria. The applicant's application concerned a matter of practice and procedure rather than a question of principle. The Court was required to decide whether to grant the applicant's request for an extension of time within which to file the application for special leave to appeal.

The Court noted that the applicant's application raised no question of the application of principle, and there was no reason to question the decision below. The Court found that it would be futile to grant the extension of time sought by the applicant, and hence, special leave should be refused. The Court emphasised that the decision below was not in dispute and that the matter was purely one of practice and procedure. The Court considered it appropriate to direct the Registrar to draw up, sign and seal an order dismissing the application.

The Court concluded that the applicant's request for an extension of time to file an application for special leave to appeal should be refused. The Court dismissed the application and directed the Registrar to draw up, sign and seal an order dismissing the application. The decision of the Court of Appeal of the Supreme Court of Victoria remained undisturbed.

This decision highlights the importance of ensuring that applications for special leave to appeal are made within the prescribed time limits. It also underscores the Court's reluctance to grant extensions of time in cases where the applicant's application raises no question of principle and there is no reason to question the decision below.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established