Zhihui v Cun

Case [2023] HCASL 194

ZHIHUI

v

CUN

[2023] HCASL 194
S111/2023

  1. The applicant requires an extension of time in which to seek special leave to appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction (Austin J) on 18 August 2023.[1] That Court summarily dismissed the applicant's notice of appeal against property settlement orders made by the Federal Circuit and Family Court of Australia (Division 1) pursuant to Pt VIII of the Family Law Act 1975 (Cth) on 13 July 2023.

    [1]         Zhihui & Cun [2023] FedCFamC1A 140.

  2. The judgment of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction was plainly correct and an appeal to this Court would enjoy no prospects of success. Special leave to appeal is refused.

    Gleeson J

    Beech-Jones J

    7 December 2023


Details
AGLC
Zhihui v Cun [2023] HCASL 194
Case
[2023] HCASL 194
Decision Date

CaseChat Overview and Summary

In the matter of Zhihui v Cun, the applicant sought an extension of time to appeal a decision made by the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction on 18 August 2023. The original judgment had dismissed the applicant's appeal against property settlement orders issued under the Family Law Act 1975 on 13 July 2023. The case was brought before the High Court, specifically the Gleeson J and Beech-Jones J, who were tasked with determining the application for special leave to appeal.

The legal issues before the court involved whether the applicant had grounds to extend the time limit for appealing the property settlement orders and whether the appeal had any prospects of success. The court had to assess the correctness of the original judgment and the likelihood of the appeal being successful if granted special leave.

The High Court found that the judgment of the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction was correct and that there were no grounds for extending the time limit for the appeal. The court also determined that an appeal would not have any prospects of success. Consequently, the application for special leave to appeal was refused.

The final orders of the court were that the application for an extension of time to seek special leave to appeal was dismissed, and the special leave to appeal was refused.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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