Whitehaven Coal Mining Ltd v DAVIES
[2021] HCASL 38
WHITEHAVEN COAL MINING LTD
v
DAVIES
[2021] HCASL 38
S183/2020
The applicant seeks special leave to appeal against the decision of the Court of Appeal of the Supreme Court of New South Wales (McCallum JA, Macfarlan JA and Simpson AJA agreeing) allowing the respondent's appeal against a decision of the Supreme Court of New South Wales (Wright J) in which the respondent had claimed damages for breach of duty of care owed to him as the applicant's employee.
The applicant has not identified a question of law to warrant the grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Appeal. The applicant requires an extension of time, but, in the circumstances, it would be futile to grant the extension which is sought.
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 4 March 2021
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