Loder v Bolton

Case [2021] HCASL 27


LODER

v

BOLTON

[2021] HCASL 27
S132/2020

  1. An extension of time is necessary to enable the application for special leave to appeal to proceed.  The appeal foreshadowed by the application for special leave raises no issue of principle that would warrant the grant of special leave to appeal. The application should be refused.  Accordingly, it would be futile to grant the extension of time.

  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 P.A. Keane
11 February 2021
Details
AGLC
Loder v Bolton [2021] HCASL 27
Case
[2021] HCASL 27
Decision Date

CaseChat Overview and Summary

In the case of Loder v Bolton, the applicant, Loder, sought special leave to appeal against a decision made by the South Australian Supreme Court. The applicant had previously lost a case in the South Australian Supreme Court, and now sought special leave to appeal to the High Court. The court was required to determine whether special leave should be granted, and whether an extension of time was necessary for the application to proceed.

The legal issues the court needed to decide were whether the appeal raised any issues of principle that would warrant the grant of special leave to appeal, and whether the application for an extension of time should be granted. The court considered the merits of the case, and determined that the appeal did not raise any issues of principle that would warrant the grant of special leave to appeal.

The court's reasoning was that the appeal did not have any prospects of success, and that it would be futile to grant the extension of time. The court held that the application for special leave to appeal was not well-founded, and that it should be refused. Accordingly, the court dismissed the application with costs. The court noted that it would be futile to grant the extension of time, as the application for special leave to appeal was not likely to succeed. The final orders were that the application for special leave to appeal was dismissed, and that the application for an extension of time was refused.

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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