Mr Meadis; v; Ms Meadis & Ors

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MR MEADIS

v

MS MEADIS & ORS     

[2021] HCASL 145
M20/2021

  1. This application for special leave to appeal requires an extension of time. There is no reason to doubt the correctness of the decision of the Full Court of the Family Court of Australia. Accordingly, the extension of time sought would be futile. Special leave should be refused.

  2. 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.S Gleeson
12 August 2021
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Details
Case
[2021] HCASL 145
Decision Date

CaseChat Overview and Summary

The matter involved Mr. Meadis who applied for special leave to appeal a decision from the Full Court of the Family Court of Australia. The respondents were Ms. Meadis and others. The dispute pertained to an application for an extension of time in the context of an appeal process, with the Full Court having already ruled on the matter. The applicants sought special leave to appeal this ruling.

The legal issues that came before the court included whether the applicants had provided sufficient grounds to justify the extension of time and if the Full Court's decision was correct and should therefore not be reviewed further. The court was also tasked with determining if the application for special leave should be granted or dismissed based on the merits of the case and the potential futility of the appeal.

The court found that the Full Court's decision was correct and there were no grounds to doubt its correctness. Consequently, the application for an extension of time, if pursued, would be futile. The court ruled that special leave should be refused, as the appeal would not likely result in a different outcome. The reasoning was based on the existing correctness of the Full Court's decision and the lack of new evidence or arguments that could alter the outcome.

The court ordered that the Registrar should prepare, sign, and seal an order dismissing the application for special leave to appeal. This order was made pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth).

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Orders of the court

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