SJ Berry Pty Ltd & Anor v McEntee & Ors
[2023] HCASL 38
SJ BERRY PTY LTD & ANOR
v
MCENTEE & ORS
[2023] HCASL 38
A2/2023
The applicants require an extension of time within which to file an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of South Australia (Livesey P, Lovell and Bleby JJA) dismissing an appeal from a decision of the District Court of South Australia (Judge O'Sullivan). The applicants also seek leave to amend their special leave application.
There is no reason to doubt the correctness of the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought and to grant the applicants leave to amend the special leave application. The application for special leave to appeal should be refused.
The applicants' interlocutory application seeking, among other things, to join various insurance companies and their lawyer, and also to remove themselves as applicants, should also be refused. The material filed shows no arguable ground for making orders of the kinds sought.
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 applications.
M.M. Gordon S.H.P. Steward 13 April 2023
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