Shimoga DAMODARA Kamath v Lakshman

SHIMOGA DAMODARA KAMATH
v
LAKSHMAN
[2019] HCASL 186
P15/2019

The applicant requires a substantial extension of time in which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Western Australia (Murphy and Mitchell JJA) dismissing an appeal from a decision of the District Court of Western Australia (Judge Wager) dismissing the applicant's appeal against a Violence Restraining Order made against the applicant by the Magistrates Court of Western Australia on 28 June 2017.
It would be pointless to grant an extension of time. The applicant identifies no question of principle which it would be in the interests of justice for this Court to consider nor any reason to doubt the correctness of the Court of Appeal's decision. 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 M.M Gordon

12 June 2019

CaseChat Overview and Summary

In Shimoga Damodara Kamath v Lakshman, the applicant, Shimoga Damodara Kamath, sought an extension of time to apply for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Western Australia. The Court of Appeal had dismissed an appeal by Kamath against a decision of the District Court of Western Australia, which in turn had dismissed his appeal against a Violence Restraining Order made by the Magistrates Court of Western Australia. The central issue before the High Court was whether an extension of time should be granted to Kamath for his application for special leave to appeal.

The High Court examined whether there were any questions of principle that would justify the extension of time, and whether there was any doubt about the correctness of the Court of Appeal's decision. The Court noted that Kamath did not identify any such questions or reasons. Furthermore, the Court assessed the likelihood of success for an appeal to the High Court and determined that it would be pointless to grant the extension of time as the appeal would have no prospect of success.

Based on the findings, the High Court ruled that it would not grant the extension of time sought by Kamath. The Court directed the Registrar to prepare an order dismissing the application, in line with the relevant provisions of the High Court Rules 2004 (Cth). This decision underscores the stringent criteria that must be met for an extension of time to be granted in such cases, particularly when there is no apparent merit in the proposed 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