Sullivan v Greig

Case [2024] HCASL 85


SULLIVAN

v

GREIG

[2024] HCASL 85
B24/2024

  1. The applicant applies for an extension of time in which to seek special leave to appeal from the judgment of the Court of Appeal of the Supreme Court of Queensland (Martin SJA, Boddice and Flanagan JJA) delivered on 28 November 2023, dismissing an appeal from a judgment of the Supreme Court of Queensland (Williams J).[1]

  2. The application does not raise a question of law of general importance and there is no reason to doubt the correctness of the Court of Appeal's decision. Accordingly, it would be futile to grant an extension of time.

  3. Special leave to appeal is refused.

    Gleeson J
    Beech-Jones J

    11 April 2024


Details
AGLC
Sullivan v Greig [2024] HCASL 85
Case
[2024] HCASL 85
Decision Date

CaseChat Overview and Summary

In Sullivan v Greig, the applicant, Sullivan, sought an extension of time to appeal to the High Court from the Queensland Court of Appeal's decision, which dismissed an appeal against a judgment of the Supreme Court of Queensland. The primary focus of the appeal was the interpretation and application of certain legal principles within the context of a dispute between Sullivan and Greig.

The central legal issue before the court was whether the Court of Appeal's decision contained a question of law of general importance that warranted further review by the High Court. Additionally, the court considered whether there were any grounds to doubt the correctness of the Court of Appeal's decision, which would impact the potential value of granting an extension of time for the special leave to appeal.

The High Court found that the application did not raise a question of law of general importance, and there was no basis to doubt the correctness of the Court of Appeal's decision. Gleeson and Beech-Jones JJ concluded that granting an extension of time would be futile. Consequently, the application for special leave to appeal was refused.

No specific final orders were issued beyond the refusal of the application for an extension of time to seek special leave to appeal. The decision reaffirmed the principles governing the granting of special leave to appeal and the criteria for deeming an application futile.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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