Pascall v Heath & Anor

PASCALL
v
HEATH & ANOR
[2022] HCASL 121
B14/2022

The applicant requires an extension of time but it would be futile to grant the extension. The applicant seeks special leave to appeal from part of a decision of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction (Aldridge, Campton and Christie JJ).
The application raises no question of principle. Further, it is not in the interests of justice to grant special leave to appeal. The application for special leave to appeal 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.

M.M. Gordon S.H.P. Steward

11 August 2022

CaseChat Overview and Summary

In the matter of Pascall v Heath & Anor, the applicant sought an extension of time to lodge a special leave application, which was subsequently denied. The Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction was the court that initially heard the case. The applicant was dissatisfied with the outcome and sought to appeal the decision to the High Court of Australia. The legal issues that arose from this case were whether the court should grant the applicant an extension of time and whether it was in the interests of justice to grant special leave to appeal.

The court considered the matter and determined that the application raised no question of principle. Further, the court found that it was not in the interests of justice to grant special leave to appeal. The applicant had failed to demonstrate that the proposed appeal had any reasonable prospect of success, and therefore, the court was not inclined to grant an extension of time. The court held that the application for special leave to appeal should be refused.

The court's reasoning was that the applicant had not demonstrated any exceptional circumstances that warranted an extension of time. The court was of the view that the applicant had ample time to prepare and lodge the application within the prescribed time frame. The court also considered the interests of justice and found that it was not appropriate to grant special leave to appeal, as the application had no reasonable prospect of success. The court held that the applicant's proposed appeal would be futile and would not result in any significant change to the outcome of the case.

The final orders of the court were that the application for special leave to appeal should be refused, and the Registrar was directed to draw up, sign and seal an order dismissing the application. The court's decision was final and binding, and the applicant had no further recourse to challenge the decision.

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