Donohue v The Queen

Donohue sought an extension of time to file an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Victoria. The appeal was dismissed by Priest and Beach JJA on 2 July 2019. Donohue's application for special leave was considered by the High Court of Australia, which had to determine whether the appeal had sufficient prospects of success to warrant the grant of special leave and whether it was futile to grant the extension of time sought.

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.