CCP v The Queen

CCP
v
THE QUEEN
[2021] HCASL 186
B33/2021

The applicant requires an extension of time within which to file an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland. The application does not raise an issue of principle of general importance and has insufficient prospects of success to warrant a grant of special leave to appeal. It would accordingly be futile to grant the extension of time that is sought. Special leave to appeal 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.

S.J. Gageler S.H.P. Steward

9 September 2021

CaseChat Overview and Summary

The applicant in the case, CCP, sought an extension of time to file an application for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Queensland. The applicant's application was heard by the High Court of Australia, which was required to determine whether the extension of time should be granted. The applicant argued that the extension of time was necessary to allow for the preparation of the application for special leave to appeal.

The legal issue before the High Court was whether the application for an extension of time should be granted. The Court was required to consider whether the application raised an issue of principle of general importance and whether it had sufficient prospects of success to warrant a grant of special leave to appeal. The Court also had to consider whether it would be futile to grant the extension of time sought.

In determining the application, the High Court found that the application did not raise an issue of principle of general importance and had insufficient prospects of success to warrant a grant of special leave to appeal. The Court held that it would accordingly be futile to grant the extension of time that was sought. Therefore, special leave to appeal should be refused. The Court directed the Registrar to draw up, sign and seal an order dismissing the application.

The final orders of the High Court were that special leave to appeal should be refused and that the Registrar should draw up, sign and seal an order dismissing the application. The Court's decision was based on the finding that the application for an extension of time did not meet the criteria for a grant of special leave to appeal.

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CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established