HARRIS
v
DEWELL & ANOR
[2018] HCASL 276
S171/2018
This application for special leave to appeal from the decision of the Full Court of the Family Court of Australia (Strickland, Murphy and Johnston JJ) would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal. The application should be dismissed.
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 with costs.
M.M. Gordon
12 September 2018J.J. Edelman
Details
- AGLC
- Harris v Dewell [2018] HCASL 276
- Case
- [2018] HCASL 276
- Decision Date
CaseChat Overview and Summary
The case of Harris v Dewell involved a dispute between the parties concerning the custody and care of a child. The Full Court of the Family Court of Australia had already delivered a decision, which the applicant, Harris, sought to appeal to the High Court by way of special leave. The second respondent, Dewell, opposed the application for special leave to appeal.
The legal issues before the court were whether the application had sufficient prospects of success to warrant the grant of special leave and if the appeal was in the interests of justice. The court considered the arguments put forward by both parties and evaluated the merits of the appeal in light of the existing Family Court decision.
The High Court found that the application did not possess sufficient prospects of success. The court considered the arguments raised by the applicant but was not persuaded that the appeal would result in a different outcome. The Full Court's decision was deemed to be soundly based, and the arguments put forward by the applicant did not demonstrate a clear error of law or an unjust outcome. Consequently, the application for special leave to appeal was dismissed.
The High Court, pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), directed the Registrar to draw up, sign, and seal an order dismissing the application with costs. This order effectively concluded the applicant's attempt to appeal the Family Court decision.
The legal issues before the court were whether the application had sufficient prospects of success to warrant the grant of special leave and if the appeal was in the interests of justice. The court considered the arguments put forward by both parties and evaluated the merits of the appeal in light of the existing Family Court decision.
The High Court found that the application did not possess sufficient prospects of success. The court considered the arguments raised by the applicant but was not persuaded that the appeal would result in a different outcome. The Full Court's decision was deemed to be soundly based, and the arguments put forward by the applicant did not demonstrate a clear error of law or an unjust outcome. Consequently, the application for special leave to appeal was dismissed.
The High Court, pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), directed the Registrar to draw up, sign, and seal an order dismissing the application with costs. This order effectively concluded the applicant's attempt to appeal the Family Court decision.
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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