An extension of time is necessary to enable this application for special leave to appeal to proceed. The appeal foreshadowed by the application does not enjoy sufficient prospects of success to warrant the grant of special leave. The application should be dismissed. In these circumstances, it would be futile to grant an extension of time.
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.
P.A. Keane 17 October 2018
J.J. Edelman
Details
AGLC
Hughes v The State of Western Australia [2018] HCASL 307
Case
[2018] HCASL 307
Decision Date
CaseChat Overview and Summary
In Hughes v The State of Western Australia, the applicant, Hughes, sought an extension of time to lodge an application for special leave to appeal against a decision of the Supreme Court of Western Australia. The nature of the dispute involved the interpretation and application of legal principles concerning the granting of special leave to appeal. The court involved was the Full Court of the High Court of Australia.
The legal issues that the court had to decide centred on whether an extension of time should be granted for the applicant to lodge an application for special leave to appeal. The court also needed to assess the prospects of success of the proposed appeal, and whether it would be futile to grant the extension of time. The application raised questions about the circumstances under which extensions of time could be granted, and the criteria to be applied in determining the prospects of success of an appeal.
The court's reasoning was that the application did not meet the necessary threshold for an extension of time to be granted. The court found that the applicant's prospects of success in the appeal were insufficient to warrant the grant of special leave. The court also held that granting an extension of time would be futile, as the appeal did not have sufficient prospects of success. Consequently, the court dismissed the application for an extension of time and determined that the application for special leave to appeal should also be dismissed.
No further orders were made by the court beyond the dismissal of the application and the direction to the Registrar to draw up, sign, and seal an order to that effect. The decision highlighted the stringent criteria that must be met for extensions of time to be granted in the context of applications for special leave to appeal.