GM
v
THE QUEEN
[2018] HCASL 152
S29/2018
This application for special leave to appeal from the decision of the Court of Criminal Appeal of New South Wales (Payne JA, Johnson and Adamson JJ) requires an extension of time. An extension of time would be futile because an appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal. The application should be dismissed.
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.
M.M. Gordon
13 June 2018J.J. Edelman
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- Case
- [2018] HCASL 152
- Decision Date
CaseChat Overview and Summary
The legal issues before the court include the discretion of the High Court in granting extensions of time for applications for special leave to appeal and the assessment of whether an appeal has sufficient prospects of success. The court had to consider whether the application was made within a reasonable time, the reasons for the delay, and the likelihood of the appeal being successful on its merits.
The court examined the application and found that an extension of time would be futile. The reasoning behind this conclusion was that an appeal to the High Court would not have sufficient prospects of success to justify the extension. The court noted that the applicant had not provided adequate justification for the delay in lodging the application, nor did the grounds of appeal present a compelling case that would warrant further consideration. Consequently, the application for special leave to appeal was dismissed.
The final orders of the court were to dismiss the application for special leave to appeal and direct the Registrar to draw up, sign, and seal the relevant order. The dismissal was based on the finding that the appeal did not have sufficient prospects of success to merit an extension of time.
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Background
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