Eric Louis Lund v Matthew Jonathon DAVIES

[2014] HCASL 102

ERIC LOUIS LUND

v

MATTHEW JONATHON DAVIES

[2014] HCASL 102
P1/2014

1. On 21 June 2012, the applicant was convicted in the Magistrates Court of Western Australia of, inter alia, assaulting a public officer, obstructing a public officer and refusing to provide personal details to a public officer ("the public officer charges").  During the trial, the Magistrates Court refused to grant the applicant an adjournment to enable him to adduce expert evidence.

2. On 5 March 2013, the Supreme Court of Western Australia (Allanson J) refused leave to appeal and dismissed the applicant's appeal in relation to the public officer charges, but upheld the applicant's appeal in relation to other charges.  Allanson J held that the refusal to grant the applicant an adjournment did not cause serious injustice or result in a substantial miscarriage of justice.

3. On 28 November 2013, the Court of Appeal of the Supreme Court of Western Australia (McLure P, with whom Buss and Mazza JJA agreed) refused the applicant leave to appeal and dismissed the applicant's appeal from the decision of Allanson J.  McLure P concluded that none of the applicant's grounds of appeal had any reasonable prospect of success.

4. The applicant now seeks special leave to appeal to this Court.  He requires an extension of time to do so.  This application concerns the exercise of discretion in relation to a matter of practice and procedure.  The applicant has not identified any error in the exercise of that discretion.  An appeal to this Court would enjoy no prospects of success.  Special leave should be refused.  That being so, there would be no utility in granting the applicant an extension of time.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
19 June 2014 P.A. Keane