Richani v Martins Plaza Shopping Centre Pty Ltd

[2024] HCASL 170

RICHANI

v

MARTINS PLAZA SHOPPING CENTRE PTY LTD

[2024] HCASL 170
A3/2024

1. The applicant requires an extension of time within which to seek special leave to appeal from the whole of the judgment of the Supreme Court of South Australia (Judge Dart) entering summary judgment against the applicant in relation to a claim in contract.

2. An appeal from the judgment of the single judge of the Supreme Court of South Australia was summarily dismissed after the applicant did not provide security for costs, as required by an order of Bleby J. The Court of Appeal of the Supreme Court of South Australia refused the applicant leave to appeal against the order requiring security for costs.

3. The applicant is an undischarged bankrupt and seeks to continue this legal action in his own name under s 60(4) of the Bankruptcy Act 1966 (Cth). The applicant also seeks that his bankruptcy be revoked, although this was not an issue before Judge Dart.

4. An appeal to this Court would enjoy no prospects of success. Further, the appeal does not raise an issue of public importance. The decision of the Supreme Court of South Australia is not attended with sufficient doubt, and it is not in the interests of the administration of justice to grant special leave to appeal. It would therefore be futile to grant the extension of time that is sought.

5. Special leave to appeal is refused.

   Gordon J

   Steward J

   8 August 2024