Stevenson v Zafra Pty Ltd

STEVENSON
v
ZAFRA PTY LTD & ANOR
[2022] HCASL 79
P52/2021

The applicant seeks an extension of time in which to file an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Western Australia.
The application raises no question of general application and involves questions of fact. The Court of Appeal's decision is not attended by sufficient doubt to warrant a grant of special leave to appeal. Accordingly, it would be futile to grant the extension of time that is 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 application.

S.J Gageler J.S Gleeson

20 April 2022

CaseChat Overview and Summary

The parties involved in the case were Stevenson, the applicant, and Zafra Pty Ltd and another respondent. The applicant sought an extension of time in which to file an application for special leave to appeal a decision made by the Court of Appeal of the Supreme Court of Western Australia. The nature of the dispute was limited to questions of fact and did not involve any questions of general application. The applicant had previously applied for special leave to appeal, but the Court of Appeal's decision was not attended by sufficient doubt to warrant a grant of special leave to appeal. As a result, the applicant sought an extension of time to refile the application.

The legal issue that the court had to decide was whether to grant the applicant's request for an extension of time to file an application for special leave to appeal. The court considered whether there was sufficient doubt about the Court of Appeal's decision to warrant a grant of special leave to appeal. The court also considered whether granting the extension of time would be futile.

The court determined that the Court of Appeal's decision was not attended by sufficient doubt to warrant a grant of special leave to appeal. As a result, the court concluded that granting the extension of time would be futile. The court noted that the applicant's application raised no question of general application and involved questions of fact. The court also noted that the applicant had not provided any new evidence or arguments to support the application for an extension of time. The court therefore dismissed the application and directed the Registrar to draw up, sign and seal an order to that effect.

In summary, the court dismissed the applicant's application for an extension of time to file an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Western Australia. The court found that the Court of Appeal's decision was not attended by sufficient doubt to warrant a grant of special leave to appeal, and that granting the extension of time would be futile. The court's decision was based on the lack of new evidence or arguments provided by the applicant, and the fact that the application involved questions of fact rather than questions of general application.

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