Moran v Armidale Local Aboriginal Lands Council

Moran (the applicant) sought leave to appeal from a decision of the Armidale Local Aboriginal Lands Council (the respondent). The application for leave to appeal was filed significantly out of time.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal from the respondent's decision, notwithstanding the applicant's failure to file the application within the prescribed time limits. The court was required to consider whether there were any prospects of success in the proposed appeal that would justify extending the time for filing.

Macfarlan and Payne JJA dismissed the application for leave to appeal, finding that it had no prospects of success. Consequently, the summons seeking leave to appeal, filed on 4 June 2019, was also dismissed. The applicant was ordered to pay the costs of the respondent.