Shapkin v The University Of Sydney ABN 15211513464 & Anor

SHAPKIN
v
THE UNIVERSITY OF SYDNEY ABN 15211513464 & ANOR
[2024] HCASL 272
S99/2024

The applicant requires an extension of time within which to seek special leave to appeal from the whole of the judgment of the Court of Appeal of the Supreme Court of New South Wales (Meagher JA and Griffiths A-JA), dismissing an application for leave to appeal from the judgment of a single judge of the Supreme Court of New South Wales (Campbell J), who made orders refusing to conduct a judicial review of a decision of the Appeal Panel of the New South Wales Civil and Administrative Tribunal pursuant to s 34 of the Civil and Administrative Tribunal Act 2013 (NSW) and staying a proceeding for judicial review of that decision.
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 to appeal is refused.
Gordon J
Steward J
7 November 2024

CaseChat Overview and Summary

In the case of Shapkin v The University of Sydney, the applicant, Shapkin, sought an extension of time to appeal a decision made by the Court of Appeal of the Supreme Court of New South Wales. The initial decision had been made by a single judge of the Supreme Court of New South Wales, who dismissed an application for judicial review of a decision by the Appeal Panel of the New South Wales Civil and Administrative Tribunal. The application for judicial review pertained to a decision under the Civil and Administrative Tribunal Act 2013 (NSW). The Court of Appeal had upheld the initial decision, dismissing Shapkin's application for leave to appeal. Shapkin now sought an extension of time to appeal this decision to the High Court of Australia.

The legal issues before the court were primarily concerned with whether an extension of time should be granted to Shapkin to appeal the Court of Appeal's decision, and whether such an appeal would have any prospects of success. The central question was whether there were sufficient grounds to justify the grant of special leave to appeal, given the Court of Appeal's findings and the nature of the decision being appealed. The court needed to assess the likelihood of success of the proposed appeal, taking into account the legal principles and precedents relevant to judicial review applications and the appellate process.

The court concluded that granting an extension of time would not be warranted as the appeal would have no prospects of success. The reasoning was based on the Court of Appeal's detailed analysis and its conclusion that the original decision by the single judge was correct. The High Court found that there were no compelling grounds to believe that the appeal would result in a different outcome. The court emphasised that special leave to appeal is only granted in exceptional circumstances where the appeal presents a significant legal question of general importance or where there has been an error of law by the Court of Appeal. Given the Court of Appeal's thorough consideration of the matter, the High Court was satisfied that the decision was sound and there was no basis to intervene.

The final orders of the court were that special leave to appeal was refused, and the application for an extension of time was dismissed. This decision underscores the high threshold for granting special leave to appeal and the importance of the Court of Appeal's role in reviewing and affirming or overturning decisions of lower courts.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established