In the Matter Of An Application BY Mark Stephen Flowers For Leave To Appeal

IN THE MATTER OF AN APPLICATION BY MARK STEPHEN FLOWERS FOR LEAVE TO APPEAL
[2023] HCASL 87
S26/2023

The applicant requires an extension of time within which to seek leave to appeal from a decision of Edelman J dismissing an application for leave to issue or file a purported application for a writ of mandamus directed to the Chief Justice of the Supreme Court of New South Wales.
An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time. 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.

M.M Gordon S.H.P Steward

7 June 2023

CaseChat Overview and Summary

Mark Stephen Flowers has applied for leave to appeal from a decision by Edelman J, who dismissed an application for leave to issue a writ of mandamus directed at the Chief Justice of the Supreme Court of New South Wales. The applicant seeks an extension of time to seek leave to appeal from the decision of the primary judge. The application was brought before the High Court, which was required to determine whether the applicant's appeal would have any prospects of success and, consequently, whether it would be futile to grant the extension of time.

The primary legal issue before the Court was whether the applicant’s appeal had any prospects of success. This involved assessing the merits of the appeal and determining whether there were grounds to believe that the appeal would be successful. The Court had to consider whether there were any errors of law or fact in the primary judge's decision that would warrant an appeal. Additionally, the Court needed to evaluate whether the appeal was futile, as an extension of time would only be granted if it was not considered futile.

The Court concluded that the applicant’s appeal would enjoy no prospects of success, rendering it futile to grant the extension of time. The primary judge's decision was sound and there were no grounds to believe that the appeal would be successful. The Court found that the appeal would not lead to any meaningful change or correction of the primary decision. As a result, the Court dismissed the application for leave to appeal and ordered that the Registrar draw up, sign, and seal an order dismissing the application.

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