Frailing v Mackay

FRAILING
v
MACKAY
[2020] HCASL 180
P29/2020

The applicant requires an extension of time within which to file the application for special leave to appeal. The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Appeal of the Supreme Court of Western Australia (Buss P, Mazza and Mitchell JJA) refusing the applicant's application for leave to appeal against conviction of one count of failing to comply with a request to give police personal details and one count of obstructing a police officer. An appeal to this Court would enjoy no prospect of success. It would therefore be futile to grant the extension that is sought. 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.

G.A.A. Nettle M.M. Gordon

2 September 2020

CaseChat Overview and Summary

The High Court was asked to consider an application for an extension of time to file an application for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Western Australia. The applicant, who had been convicted of failing to comply with a police request for personal details and obstructing a police officer, sought an extension to appeal against this conviction. The primary issue before the court was whether the application for an extension of time should be granted, and if so, whether the appeal itself would have any prospect of success.

The court examined whether the applicant had identified a question of principle of general importance or an arguable ground of appeal that would warrant the granting of special leave. The court found that the applicant had not demonstrated a sufficient question of principle or identified any arguable grounds that would justify an appeal. Furthermore, the court considered that an appeal would have no prospect of success and would therefore be futile. Based on these findings, the court concluded that the application for special leave should be refused and that an extension of time to file the application was unnecessary.

The High Court, in its decision, directed the Registrar to draw up, sign, and seal an order dismissing the application. The judges, Nettle and Gordon, made it clear that the refusal of special leave was based on the absence of any arguable ground of appeal and the futility of proceeding with the appeal. The court's decision was final, and the applicant was not granted the extension of time sought.

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