Storry v Weir

STORRY
v
WEIR
[2023] HCASL 183
B31/2023

The applicant requires an extension of time within which to seek special leave to appeal from decisions of the Federal Court of Australia (Thomas J), dismissing an appeal against a sequestration order made by the Federal Circuit and Family Court of Australia (Division 2) (Judge Egan) and, subsequently, dismissing an application to set aside the judgment given on appeal.
The application for special leave is said to "include" orders made by the Federal Court of Australia (Collier J) refusing interim relief, and orders made by the Federal Court of Australia (Logan J) dismissing an application for leave to appeal the dismissal of the application to set aside the judgment given on appeal. The applicant has also filed an application for a stay of the "proceedings of the Federal Court under appeal".
An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought. Special leave to appeal is refused. The application seeking a stay of proceedings in the Federal Court is also refused.

Gordon J
Steward J

7 December 2023

CaseChat Overview and Summary

The matter before the court was an application by the applicant for an extension of time within which to seek special leave to appeal from decisions of the Federal Court of Australia. These decisions dismissed an appeal against a sequestration order made by the Federal Circuit and Family Court of Australia, and subsequently dismissed an application to set aside the judgment given on appeal. The applicant also sought orders made by the Federal Court of Australia refusing interim relief and dismissing an application for leave to appeal the dismissal of the application to set aside the judgment. Additionally, the applicant filed an application for a stay of the proceedings of the Federal Court under appeal.

The legal issues before the court were whether to grant the applicant an extension of time to seek special leave to appeal from the decisions of the Federal Court, and whether to grant a stay of proceedings in the Federal Court. The court had to determine whether the applicant's appeal to the High Court would have any prospects of success, and whether it would be futile to grant the extension of time sought. The court also had to consider the applicant's application for a stay of proceedings in the Federal Court.

The court held that the applicant's appeal to the High Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought. The court noted that the applicant had not provided any new evidence or arguments that would warrant an extension of time. The court also held that the applicant's application for a stay of proceedings in the Federal Court was refused. The court noted that the applicant had not provided any compelling reasons why the proceedings in the Federal Court should be stayed.

The court refused the application for an extension of time to seek special leave to appeal and the application for a stay of proceedings in the Federal Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established