Sandex v Bondir

SANDEX
v
BONDIR & ANOR
[2018] HCASL 75
M12/2018

The applicant requires an extension of time, but it would be futile to grant the extension which is sought.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Full Court of the Family Court of Australia (Strickland, Ainslie-Wallace and Loughnan JJ). An appeal to this Court would enjoy no prospect of success.
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.

G.A.A. Nettle
11 April 2018 M.M. Gordon

CaseChat Overview and Summary

The case of Sandex v Bondir involved an applicant seeking an extension of time for an appeal against the Full Court of the Family Court of Australia. The applicant was appealing the decision made by the Family Court, which had ruled against them in their original case with Bondir and another party. The appeal was heard in the High Court of Australia, where the court had to determine whether the applicant's request for an extension of time should be granted, and if the appeal itself had any prospect of success.

The legal issues before the court were whether the extension of time sought by the applicant would be futile, and if there was a question of principle of general importance that warranted a grant of special leave to appeal. Additionally, the court had to assess if the applicant had advanced any arguable grounds of appeal against the decision of the Full Court. The primary focus of the court's consideration was the merits of the applicant's appeal and the potential for a successful outcome if the extension of time was granted.

The court found that granting the extension of time sought by the applicant would be futile, as it would not lead to a successful appeal. The applicant had not identified any question of principle of general importance that would warrant a grant of special leave to appeal. Furthermore, the court determined that the appeal had no prospect of success, as the applicant had not advanced any arguable grounds of appeal against the decision of the Full Court. Consequently, the High Court dismissed the application for special leave to appeal and directed the Registrar to draw up, sign, and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth).

The final orders of the court were to dismiss the application for special leave to appeal and to direct the Registrar to draw up, sign, and seal an order dismissing the application. This decision effectively ended the applicant's appeal against the Full Court of the Family Court of Australia's decision, and no further action could be taken in relation to the appeal.

Keep reading for free

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established