Mubarak v Kelly

MUBARAK
v
KELLY & ANOR
[2021] HCASL 176
P20/2021

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.
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

CaseChat Overview and Summary

The case of Mubarak v Kelly and another involves an application for special leave to appeal against a judgment of the Court of Appeal of the Supreme Court of Western Australia. The applicant, Mubarak, has also filed a notice of a constitutional matter under s 78B of the Judiciary Act 1903 (Cth) and seeks to make further applications, including to place evidence before the court, for injunctions under s 60 of the Judiciary Act and to add parties to the proceeding. Mubarak's primary aim is to extend the time to proceed with the application for special leave to appeal. The legal issues before the court pertain to the appropriateness of granting an extension of time for the application for special leave to appeal, the relevance of a constitutional matter notice, and the admissibility of further applications.

The High Court found that the decision of the Court of Appeal involved matters of practice and procedure, which are not suitable for a grant of special leave to appeal. Additionally, the court determined that no constitutional issue arose from the proceedings. The proposed grounds of appeal and the applications sought by Mubarak had no prospects of success, rendering it futile to grant the extension of time sought for the application for special leave to appeal. Consequently, the application for special leave to appeal and the further applications contained within it should be dismissed.

In light of the above findings, the High Court directed the Registrar to draw up, sign, and seal an order dismissing the application, pursuant to r 41.08.1 of the High Court Rules 2004 (Cth). This decision was made by Justices Keane and Edelman on 9 September 2021. The order effectively ends Mubarak's attempt to appeal the decision of the Court of Appeal of the Supreme Court of Western Australia and dismisses all further applications contained within the special leave application.

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