Singh v Fobupu Pty Ltd

Case [2021] HCASL 142


SINGH

v

FOBUPU PTY LTD & ORS

[2021] HCASL 142
S71/2021

  1. This application for special leave to appeal from a judgment of the Full Court of the Federal Court of Australia requires an extension of time. The application does not raise any issue of principle suitable for the grant of special leave to appeal and a grant of special leave to appeal would not be in the interests of the administration of justice. Further, any appeal would have insufficient prospects of success to warrant the grant of special leave. It would therefore be futile to grant an extension of time. 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.

P.A. Keane J.J. Edelman
12 August 2021
Details
AGLC
Singh v Fobupu Pty Ltd [2021] HCASL 142
Case
[2021] HCASL 142
Decision Date

CaseChat Overview and Summary

In the matter of Singh v Fobupu Pty Ltd, the applicant sought an extension of time for an appeal to the High Court. The applicant's case arose out of a decision made by the Full Court of the Federal Court of Australia. The Full Court had dismissed the applicant's appeal against the primary judge's decision, which had ruled in favour of the respondents, Fobupu Pty Ltd and others. The applicant was dissatisfied with the Full Court's decision and sought to appeal to the High Court.

The legal issues before the court were whether special leave should be granted to appeal from the Full Court's decision and whether an extension of time should be granted to lodge the application for special leave. The court had to consider whether the case raised any issue of principle suitable for the grant of special leave to appeal, whether the grant of special leave to appeal would be in the interests of the administration of justice, and whether the appeal had sufficient prospects of success to warrant the grant of special leave.

The court found that the application for special leave to appeal did not raise any issue of principle suitable for the grant of special leave to appeal and a grant of special leave to appeal would not be in the interests of the administration of justice. The court further found that any appeal would have insufficient prospects of success to warrant the grant of special leave, and it would therefore be futile to grant an extension of time. The application for an extension of time should be dismissed. The court directed the Registrar to draw up, sign and seal an order dismissing the application.

The High Court dismissed the application for an extension of time to lodge the application for special leave to appeal from the Full Court's decision. The court found that the application did not raise any issue of principle suitable for the grant of special leave to appeal, and that the grant of special leave to appeal would not be in the interests of the administration of justice. The court further found that any appeal would have insufficient prospects of success to warrant the grant of special leave.

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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