Tyler v Bettson Properties Pty Ltd

Link copied
Case Copied 1 min read

TYLER

v

BETTSON PROPERTIES PTY LTD & ANOR

[2020] HCASL 11
B57/2019

  1. The applicant requires an extension of time within which to file the application for special leave to appeal.  The application does not give rise to any reason to doubt the correctness of the decision of the Court of Appeal of the Supreme Court of Queensland (Fraser JA, Sofronoff P and Mullins J agreeing).  An appeal to this Court would have no prospects of success. It would therefore be futile to grant the extension that is sought.  The application should be dismissed.

  2. 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 with costs.

M.M Gordon J.J Edelman
5 February 2020
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Tyler v Bettson Properties Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2020] HCASL 11
Decision Date

CaseChat Overview and Summary

The parties in this case are Tyler, the applicant, and Bettson Properties Pty Ltd and another respondent. The applicant sought an extension of time to file an application for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Queensland. The dispute concerns the denial of a request for an extension of time to lodge an application for special leave to appeal. The matter was heard in the High Court of Australia.

The primary legal issue before the court was whether the applicant's application for an extension of time to file the application for special leave to appeal should be granted. The court had to consider whether there were any reasons to doubt the correctness of the decision of the Court of Appeal, and if an appeal to the High Court would have any prospects of success. The court also needed to determine if granting the extension would be futile.

The High Court dismissed the application for an extension of time, finding that there were no reasons to doubt the correctness of the Court of Appeal's decision and that an appeal to the High Court would have no prospects of success. The court concluded that granting the extension would be futile, and the application should be dismissed. Consequently, the court directed the Registrar to draw up, sign, and seal an order dismissing the application with costs.

The final orders of the court were to dismiss the application for an extension of time with costs. The decision emphasises the importance of considering the correctness of the original decision and the prospects of success of an appeal when determining whether to grant an extension of time.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.