Van Gorp v Davy & Anor

Van Gorp
v
Davy & Anor
[2022] HCASL 207
S120/2022

The applicant requires an extension of time within which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Meagher JA and Basten AJA) refusing leave to appeal from orders made in the Equity Division of the Supreme Court of New South Wales (Ward CJ in Eq).
The application concerns a matter of practice and procedure and does not raise any question of principle of general importance. Further, an appeal to this Court would have insufficient prospects of success. It would therefore be futile to grant the extension of time sought and the application for special leave to appeal should be refused.
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.

M.M. Gordon S.H.P. Steward

8 December 2022

CaseChat Overview and Summary

The case of Van Gorp v Davy & Anor, involved a dispute in the Supreme Court of New South Wales. The applicant sought an extension of time to appeal a decision made by the Court of Appeal, which had dismissed an appeal from orders made in the Equity Division. The decision of the Supreme Court was made by Meagher JA and Basten AJA, and the matter had originally been presided over by Ward CJ in Eq. The application did not involve any questions of principle of general importance and the prospects of success for an appeal to the High Court were deemed insufficient.

The legal issues before the court included whether an extension of time should be granted for the applicant to seek special leave to appeal, and if the appeal had any prospect of success. The court considered that the application was one of practice and procedure and did not involve any question of principle of general importance. Additionally, the court found that an appeal to the High Court would have insufficient prospects of success and would therefore be futile.

The court ruled that the application for an extension of time should be dismissed, and the application for special leave to appeal should be refused. The court found that the applicant had not demonstrated sufficient grounds for an extension of time, and that an appeal would not be successful. The court's decision was based on the fact that the matter at hand did not involve any questions of principle of general importance, and the prospects of success for an appeal were deemed to be insufficient.

The final orders of the court were that the Registrar was directed to draw up, sign and seal an order dismissing the application for an extension of time to seek special leave to appeal. The order was made on the 8th of December, 2022, by M.M. Gordon and S.H.P. Steward.

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