Roselyn Prasad v Ingham's Enterprises Pty Ltd

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ROSELYN PRASAD

v

INGHAM'S ENTERPRISES PTY LTD

[2016] HCASL 307
B44/2016

  1. The applicant requires an extension of time in order to bring her application for special leave to appeal.  To grant an extension of time would be futile.  In light of the factual findings of the primary judge, the application does not present the occasion to consider any issue of principle as to causation in tort liability.  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 with costs.

V.M. Bell
16 November 2016
G.A.A. Nettle
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Details
Case
[2016] HCASL 307
Decision Date

CaseChat Overview and Summary

The matter before the court involved an application by Roselyn Prasad, who sought an extension of time to bring her application for special leave to appeal against a decision made by Ingham's Enterprises Pty Ltd. The application was considered by the court, which had to decide whether to grant the extension and, if so, whether special leave should be granted. The case was heard and determined by Bell and Nettle, judges of the High Court of Australia.

The primary legal issues before the court were whether the applicant's application for an extension of time should be granted, and whether the application presented any issue of principle concerning causation in tort liability. The court considered the factual findings made by the primary judge and determined that to grant an extension of time would be futile. The court found that the application did not present the occasion to consider any issue of principle as to causation in tort liability.

In its reasoning, the court held that the primary judge's findings of fact were conclusive and that granting an extension of time would not alter the outcome of the case. The court also noted that the applicant's application for special leave did not present any issue of principle as to causation in tort liability, and therefore, the application did not warrant the grant of special leave. The court concluded that the application should be dismissed with costs.

The final orders made by the court were that the Registrar was directed to draw up, sign and seal an order dismissing the application with costs. The order was made pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth).

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