DONOHUE
v
THE QUEEN
[2020] HCASL 242
M64/2020
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 Victoria (Priest and Beach JJA) given on 2 July 2019.
An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave. Accordingly, it would be futile to grant the extension of time sought by the applicant. Special leave 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.
V.M Bell S.J Gageler 12 November 2020
- AGLC
- Donohue v The Queen [2020] HCASL 242
- Case
- [2020] HCASL 242
- Decision Date
CaseChat Overview and Summary
The High Court examined the merits of Donohue's appeal and concluded that it did not have sufficient prospects of success to warrant a grant of special leave. The appeal was considered to be futile, as there was no reasonable possibility that the decision of the Court of Appeal would be overturned on appeal to the High Court. Therefore, the Court found that it would be inappropriate to grant the extension of time sought by Donohue.
The High Court dismissed Donohue's application for special leave, and the Registrar was directed to draw up, sign and seal an order dismissing the application. The Court of Appeal's decision stood, and Donohue's appeal was effectively concluded.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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