Stevens v Head

Case

[1992] HCATrans 190


Details
AGLC Case Decision Date
Stevens v Head [1992] HCATrans 190 [1992] HCATrans 190

CaseChat Overview and Summary

The parties before the High Court of Australia were the applicant, represented by Mr. D.J. Dwyer, and the respondent, represented by Mr. J.A. McDougall. The applicant sought special leave to appeal and an extension of time to file that application. The dispute concerned an appeal from a decision of the Full Court of the Supreme Court of Queensland made on 4 October 1991.

The legal issues before the High Court were whether to grant the applicant special leave to appeal from the Queensland Supreme Court's decision and whether to extend the time for filing the application for special leave. The applicant's solicitor was aware of a previous decision, *Devenish v Jewel Foods*, and the potential for a costs order against him.

Deane J, sitting in the High Court, considered the applicant's request. The respondent did not oppose the application. The applicant sought an order granting special leave to appeal and an order extending the time for filing the application, noting that the rules regarding the timing of appeals and applications for special leave necessitated this extension. The Court acceded to the applicant's requests.

The High Court made the orders sought by the applicant, granting special leave to appeal and extending the time for filing the application. Additionally, the Court ordered that the additional costs occasioned by the bringing of this application, as between solicitor and client, be paid by the applicant.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Limitation Periods

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