Campbell v The Queen

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CAMPBELL

v

THE QUEEN

[2020] HCASL 19
B61/2019

  1. The applicant requires an extension of time within which to file an application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Queensland. No question suitable for the grant of special leave is raised by the proposed grounds in the application or in the further application which together with a summons and supporting affidavit was filed on 11 February 2020. An appeal to this Court would enjoy insufficient prospects of success to warrant the grant of special leave. Hence, it would be futile to grant the extension of time that is sought in each application. Special leave should be refused.

  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.

V.M Bell S.J Gageler
12 February 2020
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Details
Case
[2020] HCASL 19
Decision Date

CaseChat Overview and Summary

In the case of Campbell v The Queen, the applicant sought an extension of time to file an application for special leave to appeal against the decision of the Court of Appeal of the Supreme Court of Queensland. The applicant's application was accompanied by a summons and supporting affidavit, filed on 11 February 2020. The High Court was tasked with determining whether the proposed grounds for appeal were suitable for the grant of special leave and whether the applicant's appeal would have sufficient prospects of success to warrant the grant of special leave.

The legal issues that the court was required to decide were whether the proposed grounds for appeal raised a question suitable for the grant of special leave and whether the applicant's appeal would enjoy sufficient prospects of success. The court also had to consider whether granting the extension of time sought by the applicant would be futile.

In its decision, the court found that no suitable question for the grant of special leave was raised by the proposed grounds in the application or in the further application. The court further found that the applicant's appeal would enjoy insufficient prospects of success to warrant the grant of special leave. Therefore, it would be futile to grant the extension of time that was sought in each application. The court concluded that special leave should be refused.

Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the court directed the Registrar to draw up, sign, and seal an order dismissing the application. The order was signed by Justices Bell and Gageler on 12 February 2020.

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