Mubarak v Kelly

Case

[2021] HCASL 176


MUBARAK

v

KELLY & ANOR

[2021] HCASL 176
P20/2021

  1. This application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Western Australia requires an extension of time to proceed. The applicant has also filed a notice of a constitutional matter under s 78B of the Judiciary Act 1903 (Cth). The applicant also seeks to make further applications, including to place evidence before this Court, for injunctions under s 60 of the Judiciary Act and to add parties to this proceeding. The decision of the Court of Appeal involves matters of practice and procedure not suitable for a grant of special leave to appeal. No constitutional issue arises. The proposed grounds of appeal to this Court and the applications sought have no prospects of success. It would therefore be futile to grant the extension of time sought for the application for special leave to appeal. The application for special leave to appeal and the further applications contained within it should be dismissed.

  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.

P.A. Keane J.J. Edelman
9 September 2021
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