Zepinic v Chateau Constructions (Aust) Limited
[2021] HCASL 91
ZEPINIC
v
CHATEAU CONSTRUCTIONS (AUST) LIMITED
[2021] HCASL 91
S12/2021
The applicant requires an extension of time within which to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Bell P and White JA) dismissing an application for leave to appeal from a decision of the Supreme Court of New South Wales (Lindsay J). The applicant filed a notice of motion on 23 March 2020 in the Supreme Court seeking, among other things, to set aside orders made on 25 May 2017 and 4 June 2018 under ss 8(3) and 9 of the Vexatious Proceedings Act 2008 (NSW). Lindsay J had declared, pursuant to s 13(2) of the Vexatious Proceedings Act, that the applicant's notice of motion be stayed until it was dismissed under s 13 of that Act.
Because the decision of the Court of Appeal was plainly correct, it would be futile to grant an extension of time.
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 13 May 2021
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