Soulis v R & A Henry Auto Repairs Pty Ltd

SOULIS
v
R & A HENRY AUTO REPAIRS PTY LTD
[2023] HCASL 103
S36/2023

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.
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.
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

CaseChat Overview and Summary

Soulis, the applicant, sought an extension of time to seek special leave to appeal against the dismissal of an application for leave to appeal from a decision of the Supreme Court of New South Wales by the Court of Appeal of the Supreme Court of New South Wales. The applicant's application for leave to appeal to the Supreme Court of New South Wales from a decision of the Appeal Panel of the NSW Civil and Administrative Tribunal was dismissed by Bellew J. The applicant argued that Bellew J should have recused himself, the application for an adjournment of the hearing should have been granted, and the grounds of appeal identified questions of law. The Court of Appeal dismissed the appeal, agreeing with Bellew J that the grounds of appeal did not identify any questions of law and the contentions were without substance.

The legal issues before the Court were whether the applicant's application for special leave to appeal had any arguable ground and whether an appeal would have any prospects of success. Additionally, the Court considered whether granting special leave to appeal would be in the interests of the administration of justice. The applicant's argument was that the application for leave to appeal to the Supreme Court of New South Wales should not have been dismissed, and the Court of Appeal erred in upholding the dismissal. However, the Court found that the applicant's arguments were not arguable and did not have any prospects of success.

The Court held that an appeal would not enjoy any prospects of success and it would not be in the interests of the administration of justice to grant special leave to appeal. The Court found that the grounds of appeal did not identify any questions of law, and the contentions were without substance. The Court also noted that the application for special leave to appeal was made outside the time limit and did not provide any compelling reason for the extension. Therefore, the Court dismissed the application for special leave to appeal and directed the Registrar to draw up, sign, and seal an order dismissing the application.

Continue reading Soulis v R & A Henry Auto Repairs Pty Ltd

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