Jason Dean Mercanti v Tyrone Kane Mercanti

Case [2017] HCASL 59


JASON DEAN MERCANTI

v

TYRONE KANE MERCANTI & ORS

[2017] HCASL 59
P63/2016

  1. This application does not raise any issue of principle such as would warrant the grant of special leave to appeal.  And in any event, the proposed appeal would not enjoy prospects of success sufficient to support a grant of special leave.  The application for special leave should be refused. 

  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 with costs.

S.J. Gageler
8 March 2017
P.A. Keane
Details
AGLC
Jason Dean Mercanti v Tyrone Kane Mercanti [2017] HCASL 59
Case
[2017] HCASL 59
Decision Date

CaseChat Overview and Summary

The case of Jason Dean Mercanti versus Tyrone Kane Mercanti and others was heard in the High Court of Australia. The nature of the dispute between the parties involved was not explicitly detailed in the summary, but it was clear that it was an application for special leave to appeal a decision from a lower court. The court was tasked with determining whether the application met the criteria for special leave, considering both the principle involved and the likelihood of success of the appeal.

The legal issues before the court included whether the case raised any matters of principle that warranted special leave to appeal, and if the proposed appeal had sufficient prospects of success to merit such leave. The court had to consider the criteria established by the High Court for granting special leave, which includes the importance of the legal issues and the likelihood of success of the appeal.

In reaching its decision, the court concluded that the application did not raise any significant issues of principle and that the proposed appeal did not have a sufficient chance of success to warrant special leave. The court was satisfied that the application should be refused based on these considerations. It directed the Registrar to prepare an order dismissing the application with costs, in accordance with the relevant rule of the High Court Rules 2004. The decision was made by Justices Gageler and Keane on 8 March 2017.

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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