Hesham Galam BY His Litigation Guardian Alzbeta Tichonova v Shahin

Case [2023] HCASL 88

HESHAM GALAM BY HIS LITIGATION GUARDIAN ALZBETA TICHONOVA

v

SHAHIN

[2023] HCASL 88
A6/2023

  1. This application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of South Australia (Doyle and Bleby JJ) does not identify any reason to doubt the correctness of the decision of the Court of Appeal. The decision of the Court of Appeal is plainly correct. An appeal to this Court would have no prospects of success. The application should be dismissed.

  2. 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.

J.J. Edelman J.S. Gleeson
8 June 2023
Details
AGLC
Hesham Galam BY His Litigation Guardian Alzbeta Tichonova v Shahin [2023] HCASL 88
Case
[2023] HCASL 88
Decision Date

CaseChat Overview and Summary

The case at hand involves Hesham Galam, represented by his litigation guardian Alzbeta Tichonova, against Shahin. The dispute pertains to an appeal against a decision of the Court of Appeal of the Supreme Court of South Australia, which was presided over by Doyle and Bleby JJ. The initial case was a complex one, touching upon various legal issues that required judicial scrutiny and resolution.

The legal issues central to this case revolved around the correctness of the Court of Appeal's decision, the validity of the grounds for appeal, and the prospects of success if the appeal were to proceed to the High Court. The Court of Appeal had already meticulously reviewed the case, and the primary concern now was whether the High Court should entertain the appeal and, if so, whether it had any likelihood of success.

In evaluating the application for special leave to appeal, the High Court found that the decision of the Court of Appeal was both sound and well-reasoned. The justices concluded that there were no apparent grounds to question the correctness of the Court of Appeal's decision. Furthermore, it was determined that an appeal to the High Court would not have any prospects of success. Consequently, the application for special leave to appeal was dismissed.

As per the High Court Rules 2004 (Cth), the Registrar was directed to draft, sign, and seal an order dismissing the application. The decision underscores the rigorous scrutiny applied to appeals and the threshold that must be met for the High Court to consider such applications.

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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