Conroy v Cresswell & Anor

CONROY
v
CRESSWELL & ANOR
[2024] HCASL 144
S9/2024

The applicant requires an extension of time within which to seek special leave to appeal from part of the judgment of the Federal Circuit and Family Court of Australia (Division 1) in its appellate jurisdiction (McClelland DCJ), allowing an appeal from a judgment of a single judge of the Federal Circuit and Family Court of Australia (Division 2) (Judge Obradovic).
The proposed appeal has insufficient prospects of success and does not raise a question of law of public importance. It would therefore be futile to grant an extension of time.
Special leave to appeal is refused with costs.
Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
9 May 2024

CaseChat Overview and Summary

Conroy applied for an extension of time to seek special leave to appeal from a part of the judgment of the Federal Circuit and Family Court of Australia (Division 1), which had allowed an appeal from a judgment of a single judge of the Federal Circuit and Family Court of Australia (Division 2). The matter came before the High Court for consideration of the applicant's application for an extension of time. The primary legal issue before the court was whether the applicant's proposed appeal had sufficient prospects of success and whether it raised a question of law of public importance. If either of these conditions were not met, the application for an extension of time would be futile.

The court considered the merits of the proposed appeal and concluded that it did not have sufficient prospects of success. Additionally, the court found that the appeal did not raise a question of law of public importance. As a result, the court determined that granting an extension of time would be futile. Accordingly, the application for an extension of time was refused, and special leave to appeal was denied with costs.

This decision underscores the stringent criteria that must be met for an extension of time to be granted in special leave to appeal applications. The court's refusal of the extension highlights the necessity for the applicant to demonstrate not only a reasonable prospect of success but also the public importance of the legal question at hand.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established