CCY v The King

CCY v THE KING
[2023] HCASL 158
B30/2023

The applicant requires an extension of time in which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Bond JA and Boddice and Freeburn JJ).
The applicant's first ground of appeal does not have sufficient prospects of success and the second appeal does not identify any basis on which to doubt the correctness of the reasoning of the Court of Appeal. It would therefore be futile to grant an extension of time.
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 J.S. Gleeson

19 October 2023

CaseChat Overview and Summary

The case of CCY v The King involved an application for an extension of time to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland. The application was made by CCY, the applicant, who was seeking to appeal against a decision made by the Court of Appeal, which included Bond JA and Boddice and Freeburn JJ. The primary focus of the application was to determine whether an extension of time should be granted to CCY to seek special leave to appeal.

The central legal issue before the court was whether the applicant's grounds for appeal had sufficient prospects of success and whether there was any basis to doubt the correctness of the Court of Appeal's reasoning. The court had to assess the merits of the applicant's appeal grounds, considering both the likelihood of success and the necessity of an extension of time to pursue the appeal. Given the stringent criteria for granting an extension of time under the High Court Rules, the court needed to carefully evaluate the application against these standards.

Upon reviewing the application, the court found that the applicant's first ground of appeal lacked sufficient prospects of success, and the second ground did not provide a basis to doubt the correctness of the Court of Appeal's reasoning. The court concluded that granting an extension of time would be futile, as it would not lead to a successful appeal. The court therefore dismissed the application for an extension of time, directing the Registrar to prepare an order to this effect. This decision underscores the stringent criteria applied by the High Court in considering applications for extensions of time in special leave appeals.

Keep reading for free

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established