Bloxsome v The Queen

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BLOXSOME

v

THE QUEEN

[2020] HCASL 248
C11/2020

  1. An extension of time is necessary to enable this application for special leave to appeal to proceed. The appeal foreshadowed by the applicant would not turn on the resolution of any issue of principle. Further, the prospects of success of the appeal are not such as to warrant the grant of special leave. 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.

S.J. Gageler P.A. Keane
12 November 2020
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Details
Case
[2020] HCASL 248
Decision Date

CaseChat Overview and Summary

The case of Bloxsome v The Queen involved the applicant, Bloxsome, seeking an extension of time to appeal against a decision made by the court. The matter was brought before the High Court of Australia, which was tasked with determining whether the extension of time should be granted. The central issue before the court was whether the applicant's appeal had sufficient prospects of success and whether the granting of an extension of time would be futile. The court was also required to consider whether the appeal would turn on any issues of principle that warranted special leave.

The High Court carefully considered the arguments presented by both parties and examined the merits of the appeal. The court found that the appeal did not hinge on any issues of principle and that the prospects of success were not strong enough to warrant the grant of special leave. Additionally, the court determined that granting an extension of time would be futile, as the application was unlikely to succeed. As a result, the application for an extension of time was dismissed.

The High Court, in its decision, directed the Registrar to draw up, sign, and seal an order dismissing the application for an extension of time. This decision was made under rule 41.08.1 of the High Court Rules 2004 (Cth). The final orders of the court were that the application for an extension of time be refused, and the applicant was not granted special leave to appeal against the decision in question.

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