YOUNG
v
HUGHES TRUEMAN PTY LTD & ANOR
[2018] HCASL 242
S129/2018
The appeal foreshadowed by this application for special leave to appeal would not enjoy sufficient prospects of success to warrant the grant of special leave. The application should be dismissed.
Pursuant to r 41.08.1 of the High Court Rules2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application, with costs.
P.A. Keane
13 September 2018G.A.A. Nettle
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- Case
- [2018] HCASL 242
- Decision Date
CaseChat Overview and Summary
The legal issues before the court pertained to whether the appeal foreshadowed by the application for special leave to appeal had sufficient prospects of success to warrant the grant of special leave. The court had to assess the merits of the appeal and determine if it met the threshold for special leave to be granted. This involved examining the potential outcomes of the appeal and whether it was likely to succeed based on the arguments presented.
In reaching its decision, the court considered the criteria for granting special leave, which typically involves assessing the significance of the legal issue, the likelihood of success, and the potential impact of the appeal. The court determined that the appeal did not have sufficient prospects of success. Consequently, the application for special leave to appeal was dismissed, and the Registrar was directed to prepare, sign, and seal an order to that effect, along with an order for costs.
The final orders made by the court were to dismiss the application for special leave to appeal and to direct the Registrar to issue an order reflecting this decision, along with an order for costs to be paid.
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