5 Sept 2023
Because s162(4) prescribes a mandatory 21‑day period for seeking special leave and established authority holds that the High Court cannot extend that period, a special leave application filed after the s162(4) period deprives the Court of jurisdiction and must be dismissed.
17 Jan 2018
The caveat lapsed because the applicant failed to notify the Registrar-General within the 14-day prescribed period; statutory definitions do not treat court registry closure on a court holiday as converting the last day into a 'working day' for the purpose of extending the statutory 14-day period, and there is no statutory authority to alter that prescribed period.
24 Mar 2015
The 21-day period in s162(2) is computed in calendar days and the application was therefore filed late; however the respondent validly waived compliance with the time limit under s3 of the Inferior Courts Procedure Act 1909, the Court accepted the enlargement of time and thus has jurisdiction to determine the leave application.
6 Oct 2011
Leave to appeal and the extension of time were refused because the proposed grounds did not challenge the determinative defect: there was no direct evidence as to when the LCRO decision was reported to the complainants so the statutory 30 day period under s161 could not be computed and the default judgment could not properly have been entered.
22 Sept 2008
The 21 day period for filing an application for leave under s162 commenced the day after the District Court decision (31 May 2008) and expired on 20 June 2008; the applicant's filing was received after that date (23 June 2008) so it was out of time and the Court has no jurisdiction to consider the substantive application for leave.