Soulis v R & A Henry Auto Repairs Pty Ltd

Case

[2023] HCASL 103


SOULIS

v

R & A HENRY AUTO REPAIRS PTY LTD

[2023] HCASL 103
S36/2023

  1. The applicant requires an extension of time within which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (White JA, Simpson AJA agreeing) dismissing an application for leave to appeal from a decision of the Supreme Court of New South Wales (Bellew J). In relation to the applicant's application for leave to appeal on a question of law from a decision of the Appeal Panel of the NSW Civil and Administrative Tribunal, Bellew J refused the applicant's application that he recuse himself from hearing an application for summary dismissal of the application, refused the applicant's application for an adjournment of the hearing and held that the grounds of appeal for which leave was sought by the applicant did not identify any questions of law and that the contentions advanced by the applicant were without substance.

  2. The applicant advances no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success and it would not be in the interests of the administration of justice generally or in the particular circumstances of this case to grant special leave to appeal. It would therefore be futile to grant the extension that is required. The application for special leave to appeal should be dismissed.

  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.

M.M. Gordon S.H.P. Steward
3 August 2023
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High Court Bulletin [2023] HCAB 6

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