Rubino v Ziaee

RUBINO
v
ZIAEE
[2023] HCASL 90
C6/2023

An extension of time is required for this application to proceed. This application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of the Australian Capital Territory (McCallum CJ, Kennett and O’Sullivan JJ) raises no question of general principle sufficient to warrant the grant of special leave to appeal nor is there any reason to doubt the correctness of the decision of the Court of Appeal. It would therefore be futile to grant the extension of time that is sought. The application 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 with costs.

J.J. Edelman S.H.P. Steward

8 June 2023

CaseChat Overview and Summary

Rubino v Ziaee involved a dispute between the two parties, Rubino and Ziaee, where the matter was brought before the High Court of Australia. The applicant sought an extension of time for an application that was to proceed. The Court of Appeal of the Supreme Court of the Australian Capital Territory had previously dismissed the application, prompting the current appeal to the High Court.

The legal issues that the court had to decide included whether the applicant's application for special leave to appeal raised a question of general principle, and if the decision of the Court of Appeal was correct. The applicant argued that the appeal raised a question of general principle, warranting the grant of special leave to appeal. However, the court found that the application for special leave to appeal did not raise any question of general principle, and there was no reason to doubt the correctness of the Court of Appeal's decision.

The court reasoned that the application for special leave to appeal was essentially a request for a rehearing of the matter, which was not the purpose of special leave to appeal. Furthermore, the court found that there was no reason to doubt the correctness of the Court of Appeal's decision, and that granting the extension of time that was sought would be futile. Consequently, the application for special leave to appeal was dismissed, and the costs of the application were awarded against the applicant.

The final orders of the court were to dismiss the application for special leave to appeal and to award costs against the applicant. The court directed the Registrar to draw up, sign, and seal an order to this effect. The decision of the High Court of Australia in Rubino v Ziaee reinforces the importance of demonstrating a question of general principle in applications for special leave to appeal, and the limited circumstances in which such applications will be granted.

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