Cavar v Campbelltown Catholic Club Limited ABN 59000504110

CAVAR
v
CAMPBELLTOWN CATHOLIC CLUB LIMITED ABN 59000504110
[2024] HCASL 274
S104/2024

The applicant requires an extension of time within which to seek special leave to appeal against a judgment of the Court of Appeal of the Supreme Court of New South Wales (Meagher and White JJA) dismissing the applicant's summons for leave to appeal, and dismissing as incompetent the notice of appeal, against the orders of Rothman J of 27 October 2023 in proceeding 2023/122883, summarily dismissing the applicant's claim to the extent that it related to professional negligence or work related injury or defamation, otherwise striking out the amended statement of claim but giving the applicant leave to file a further amended statement of claim confined to a claim for invasion or breach of privacy.
The applicant's proposed grounds of appeal have no prospects of success and do not raise any questions of general principle. It would therefore be futile to grant the extension of time that is sought.
Special leave to appeal is refused.
Gordon J
Steward J
7 November 2024

CaseChat Overview and Summary

The case of Cavar v Campbelltown Catholic Club Limited involves the applicant, Cavar, seeking an extension of time to appeal against a decision by the Court of Appeal of the Supreme Court of New South Wales. The decision in question dismissed Cavar's summons for leave to appeal and the accompanying notice of appeal as incompetent. The original case was presided over by Rothman J, who dismissed Cavar's claims relating to professional negligence, work-related injury, and defamation, while allowing the claim for invasion or breach of privacy to proceed. Cavar now seeks to appeal this decision and has applied for an extension of time to do so. The applicant's proposed grounds of appeal do not appear to have any prospects of success and do not raise any questions of general principle.

The primary legal issue the court had to address was whether Cavar should be granted an extension of time to seek special leave to appeal. The court needed to consider the merits of Cavar's proposed grounds of appeal and determine if there were any prospects of success or if any questions of general principle were raised. The court had to balance the applicant's right to appeal against the futility of proceeding with such an appeal given the current state of the case law and the merits of the arguments presented.

The court found that the applicant's proposed grounds of appeal had no prospects of success and did not raise any questions of general principle. Given this, the court concluded that it would be futile to grant the extension of time that Cavar sought. The court was satisfied that the applicant's grounds for appeal were unlikely to succeed and did not warrant further consideration. Consequently, the application for special leave to appeal was refused, and Cavar's attempt to extend the time for seeking special leave was unsuccessful.

No further orders were made by the court beyond the refusal of the extension of time and the dismissal of the application for special leave to appeal. The court's decision stands as a final determination on the matter, closing the door on Cavar's attempt to appeal the earlier judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established