Jan (John) Visser v The Queen

Case [2016] HCASL 139


JAN (JOHN) VISSER

v

THE QUEEN

[2016] HCASL 139
M245/2015

  1. The applicant requires an extension of time in order to bring his application for special leave to appeal.  To grant an extension would be futile.  No question of law suitable for the grant of special leave is raised by the application.  There is no reason to doubt the correctness of the decision below.  Special leave is refused.

  2. Pursuant to r 41.11.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
17 June 2016
S.J. Gageler
Details
AGLC
Jan (John) Visser v The Queen [2016] HCASL 139
Case
[2016] HCASL 139
Decision Date

CaseChat Overview and Summary

The case of Jan (John) Visser v The Queen involves the applicant seeking an extension of time to bring his application for special leave to appeal. The applicant's request is being considered by the court, which is required to determine whether the extension should be granted and whether the application for special leave to appeal should proceed. The court must assess whether the application raises a question of law suitable for the grant of special leave and whether there is any doubt regarding the correctness of the decision made previously.

The primary legal issues before the court were whether an extension of time should be granted to the applicant and whether the application for special leave to appeal raised a question of law suitable for the grant of special leave. Additionally, the court needed to determine if there was any reason to doubt the correctness of the decision made previously.

The court held that granting an extension of time would be futile, as no question of law suitable for the grant of special leave was raised by the application. Furthermore, the court found no reason to doubt the correctness of the decision made previously. As a result, the court refused special leave and directed the Registrar to draw up, sign and seal an order dismissing the application. The decision demonstrates that the court found no grounds to grant the applicant's request for an extension of time or to proceed with the application for special leave to appeal.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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