Yousif v Commonwealth Bank of Australia

[2010] HCATrans 126

[2010] HCATrans 126

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M22 of 2010

B e t w e e n -

LINDA YOUSIF

Applicant

and

COMMONWEALTH BANK OF AUSTRALIA

Respondent

Pronouncement of orders

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 24 MAY 2010, AT 9.01 AM

Copyright in the High Court of Australia

HIS HONOUR:   On 15 March 2010 the applicant, Linda Yousif, filed application for special leave to appeal from orders of the Full Court of the Federal Court of Australia made on 15 February 2010.  The applicant was not then represented by a lawyer.  The respondent to the application, Commonwealth Bank of Australia, filed notice of appearance on 23 March 2010. 

Because the applicant was unrepresented, the Rules required her to file a written case and draft notice of appeal within 28 days of her filing her application for special leave to appeal; see rules 41.10.1 and 41.10.3(c).  The Rules further require that if the written case is not filed within time, the application is deemed abandoned. 

Before the expiration of the period of 28 days fixed by the Rules, the applicant applied for an extension of time for compliance.  The respondent’s solicitors said that they neither consented to nor opposed the grant of that application and indicated that they did not seek to make any submission in response to the application that had been made.

In the meantime, the applicant has secured the services of solicitors who have, on 17 May 2010, filed notice of change of representation.  In all the circumstances, I consider that there should be orders:

1.That the application for special leave to appeal not be deemed abandoned.

2.That the further conduct of the application for special leave be in accordance with the Rules of Court other than rule 41.10.

3.I direct that the applicant have until 4.00 pm, 4 June 2010, or such further time as a Registrar may fix, to file and serve her summary of argument and any amended draft notice of appeal.

4.The costs of this application shall be costs in the application for special leave to appeal.

Adjourn the Court.

AT 9.04 AM THE MATTER WAS CONCLUDED