Flowers v Finlayson

FLOWERS
v
FINLAYSON
[2023] HCASL 119
A4/2023

The applicant requires an extension of time to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of South Australia (Livesey P, Doyle JA and Nicholson AJA) refusing leave to appeal from a decision of a Master of the Supreme Court of South Australia (Judge Bochner), where the applicant's claim was summarily dismissed.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought. Special leave should be refused.
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.

S.J. Gageler J.M. Jagot

10 August 2023

CaseChat Overview and Summary

In the matter of Flowers v Finlayson, the applicant sought an extension of time to appeal a decision of the Court of Appeal of the Supreme Court of South Australia, which had previously dismissed an appeal from a decision of a Master of the Supreme Court of South Australia. The applicant's initial claim was summarily dismissed by the Master, a decision which was upheld by the Court of Appeal. The High Court was asked to consider whether an extension of time should be granted to allow the applicant to seek special leave to appeal its decision.

The primary legal issue before the court was whether the applicant had identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal. Additionally, the court had to consider whether the applicant had presented any arguable grounds of appeal against the Court of Appeal's decision. The applicant needed to demonstrate that an appeal to the High Court would not be futile.

The High Court found that the applicant had not identified a question of principle of general importance, nor had it advanced any arguable ground of appeal against the decision of the Court of Appeal. The court concluded that an appeal to the High Court would enjoy no prospects of success and would therefore be futile. Based on this reasoning, the application for an extension of time to seek special leave to appeal was dismissed. The High Court directed the Registrar to prepare an order to this effect.

The High Court's decision highlights the stringent criteria for granting special leave to appeal and the importance of demonstrating a substantial legal issue that merits the attention of the court. The dismissal of the application underscores the principle that an appeal should not proceed if it lacks the prospects of success.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established