Gore v The Queen

GORE
v
THE QUEEN
[2022] HCASL 52
B67/2021

The applicant requires an extension of time within which to file an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Morrison and McMurdo JJA and Burns J).
The appeal foreshadowed by the application for special leave raises no question of principle that would warrant the grant of special leave to appeal. The application should be refused. Accordingly, it would be futile to grant the extension of time that is sought.
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

16 March 2022

CaseChat Overview and Summary

The case of Gore v The Queen involves the applicant seeking an extension of time to file an application for special leave to appeal from a decision made by the Court of Appeal of the Supreme Court of Queensland. The Court of Appeal decision was made by Morrison and McMurdo JJA and Burns J. The applicant's appeal raises no questions of principle that would warrant the grant of special leave to appeal, and therefore the application should be refused. The court also found that it would be futile to grant the extension of time sought.

The legal issues in this case included whether the court should grant an extension of time for the applicant to file an application for special leave to appeal, and whether the appeal raised any questions of principle that would warrant the grant of special leave to appeal. The court found that the appeal did not raise any questions of principle that would warrant the grant of special leave to appeal, and that it would be futile to grant the extension of time sought.

The court's reasoning was based on the fact that the appeal did not raise any questions of principle that would warrant the grant of special leave to appeal, and that it would be futile to grant the extension of time sought. The court found that the applicant's appeal was not likely to succeed, and therefore there was no benefit in granting the extension of time. The court also noted that it was not appropriate to grant an extension of time if the appeal was unlikely to succeed.

The final orders made by the court were to dismiss the application and direct the Registrar to draw up, sign and seal an order dismissing the application. The court found that it would be appropriate to do so pursuant to r 41.08.1 of the High Court Rules 2004 (Cth).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established