Du v TG & Anor

DU
v
TG & ANOR
[2023] HCASL 79
B7/2023

The applicant seeks an extension of time for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Mullins P) which struck out the applicant's application for leave to appeal from a decision of the District Court of Queensland (Jackson KC DCJ), relevantly, dismissing an appeal against a final protection order made by the Magistrates Court (Magistrate Howden) pursuant to s 37 of the Domestic and Family Violence Protection Act 2012 (Qld).
The proposed appeal advances no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought and the application for 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 J.M. Jagot

18 May 2023

CaseChat Overview and Summary

The applicant in this matter seeks an extension of time for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Queensland, which dismissed the applicant’s application for leave to appeal against a decision of the District Court of Queensland. The applicant's appeal concerns a final protection order made by the Magistrates Court under the Domestic and Family Violence Protection Act 2012 (Qld). The primary legal issue before the Court was whether the proposed grounds for appeal had any arguable basis, and if an appeal to this Court would have any prospects of success.

In assessing the application, the Court considered the proposed grounds of appeal and found them to be without merit. The Court noted that an appeal to this Court would not succeed, given the lack of arguable grounds and the absence of any reasonable prospect of success. Consequently, the application for an extension of time for special leave to appeal was deemed futile.

The Court ruled that the application for special leave to appeal should be refused. It further directed the Registrar to draw up, sign, and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). This decision was made on 18 May 2023, by Justices Gageler and Jagot.

CaseChat Overview and Summary

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