gALL v The King

Link copied
Case Copied 1 min read

gALL

v
THE KING
[2022] HCASL 190
S93/2022

  1. The applicant seeks an extension of time within which to seek special leave to appeal a decision of the New South Wales Court of Criminal Appeal (Hoeben CJ at CL, RA Hulme and Davies JJ agreeing).

  2. Though we would grant the extension of time, there is no reason to doubt the correctness of the Court of Criminal Appeal's decision, having regard to the way in which issue was joined at trial.

  3. 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 S.H.P. Steward
20 October 2022
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read gALL v The King and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2022] HCASL 190
Decision Date

CaseChat Overview and Summary

The applicant, Gall, sought an extension of time to seek special leave to appeal a decision of the New South Wales Court of Criminal Appeal. The decision was made by Hoeben CJ at CL, with RA Hulme and Davies JJ concurring. The application was heard by the High Court of Australia, which had the jurisdiction to grant an extension of time under rule 41.08.1 of the High Court Rules 2004 (Cth). The primary issue before the Court was whether the applicant should be granted an extension of time to seek special leave to appeal the decision of the New South Wales Court of Criminal Appeal.

The Court considered the merits of the application and noted that the correctness of the Court of Criminal Appeal's decision was not in doubt. The Court found that issue was joined at trial in a manner that did not raise any significant concerns. The Court emphasised the importance of timely applications for special leave to appeal, but also recognised that there may be exceptional circumstances that warrant an extension of time. In this case, the Court found that the applicant had not demonstrated exceptional circumstances that warranted an extension of time. However, the Court was satisfied that the applicant had a reasonable excuse for the delay in seeking special leave to appeal.

The Court ultimately decided to grant the application for an extension of time. The Court noted that the applicant had a reasonable excuse for the delay and that there was no reason to doubt the correctness of the Court of Criminal Appeal's decision. The Court directed the Registrar to draw up, sign and seal an order dismissing the application, pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth). The Court's decision demonstrates the importance of timely applications for special leave to appeal, while also recognising that there may be exceptional circumstances that warrant an extension of time.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.