Zaghloul v Woodside Energy Ltd

ZAGHLOUL
v
WOODSIDE ENERGY LTD & ORS
[2019] HCASL 30
P65/2018

The applicant requires a short extension of time within which to file the application for special leave to appeal.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and it is otherwise not in the interests of justice to grant leave to appeal against the decision of the Court of Appeal of the Supreme Court of Western Australia (Allanson J, Murphy and Mitchell JJA agreeing) dismissing the applicant's appeal against an interlocutory decision of Master Sanderson of the Supreme Court of Western Australia dismissing the applicant's application for summary judgment or alternatively default judgment. An appeal to this Court would enjoy insufficient prospects of success. It would therefore be futile to grant the extension that is sought. Special leave should be refused.
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.

G.A.A Nettle
13 March 2019 M.M Gordon

CaseChat Overview and Summary

In the case of Zaghloul v Woodside Energy Ltd, the applicant, Zaghloul, sought an extension of time to file an application for special leave to appeal against a decision made by the Supreme Court of Western Australia. The decision in question pertained to an interlocutory matter where Master Sanderson had dismissed the applicant's application for summary judgment or alternatively, default judgment. The applicant appealed this decision to the Court of Appeal of the Supreme Court of Western Australia, which was also dismissed.

The primary legal issue before the High Court was whether special leave to appeal should be granted to the applicant. This required the court to determine whether the case involved a question of principle of general importance and whether it was in the interests of justice to grant such leave. Additionally, the court had to consider the prospects of success of an appeal to the High Court.

The High Court found that the applicant had not demonstrated a question of principle of general importance that would warrant the granting of special leave to appeal. Furthermore, the court concluded that an appeal would have insufficient prospects of success and would be futile. Consequently, the High Court decided that special leave should be refused and directed the Registrar to dismiss the application.

The final order of the court was that the application for an extension of time to file an application for special leave to appeal was dismissed, and the Registrar was directed to draw up, sign, and seal the order. This outcome effectively concluded the applicant's attempts to appeal the interlocutory decision made by the Supreme Court of Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established