Storry v Weir
Case
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[2023] HCASL 183
Details
AGLC
Case
Decision Date
Storry v Weir [2023] HCASL 183
[2023] HCASL 183
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.
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.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Limitation Periods
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Special Leave to Appeal
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Stay of Proceedings
Actions
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Citations
Storry v Weir [2023] HCASL 183
Most Recent Citation
Storry v Clout [2024] FCA 1274
Cases Citing This Decision
6
High Court Bulletin
[2023] HCAB 10
Storry v Parkyn
[2024] FCAFC 67
Storry v Clout
[2024] FCA 1274
Cases Cited
0
Statutory Material Cited
0