Smits v Cugola & Ors

Case

[2023] HCASL 59


SMITS

v

CUGOLA & ORS

[2023] HCASL 59
B8/2023

  1. The applicant requires an extension of time to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland, which refused the applicant leave to appeal against a decision of the Supreme Court of Queensland and refused the applicant's application to reopen the hearing of the appeal. The Supreme Court of Queensland summarily dismissed many of the applicant's claims. In those proceedings, claims were also brought by the respondents for summary judgment against the applicant and removal of caveats on properties, all of which succeeded in full or in part.

  2. There is no reason to doubt the decision of the Court of Appeal. The proposed appeal is an inappropriate vehicle to consider any of the issues raised and has insufficient prospects of success. That being so, the required extension of time should not be granted.

  3. 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.

S.J. Gageler J.M. Jagot
20 April 2023
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