Kamalasanan v The Queen

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KAMALASANAN

v

THE QUEEN

[2020] HCASL 32
M126/2019

  1. An extension of time is required to enable this application for special leave to appeal to proceed. The application does not identify any reason to doubt the correctness of the decision of the Court of Appeal of the Supreme Court of Victoria (Priest, Forrest and Weinberg JJA). An appeal would have insufficient prospects of success to warrant the grant of special leave to appeal. Accordingly, it would be futile to grant the extension of time. The application should be dismissed.

  2. 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 J.J. Edelman
13 February 2020
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Details
Case
[2020] HCASL 32
Decision Date

CaseChat Overview and Summary

The applicant, Kamalasanan, sought special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria, which was itself an appeal from the primary judgment of the Supreme Court of Victoria. The original dispute involved criminal charges against Kamalasanan, which ultimately led to a conviction and sentence. The Supreme Court of Appeal upheld the conviction and sentence, leading to Kamalasanan's application for special leave to appeal to the High Court.

The legal issues before the High Court were whether an extension of time should be granted to allow the application for special leave to appeal to proceed and whether an appeal would have sufficient prospects of success to warrant the grant of special leave to appeal. The High Court needed to assess the merits of the application and determine whether the appeal was likely to succeed.

In dismissing the application, the High Court noted that the application did not identify any reason to doubt the correctness of the Court of Appeal's decision. The High Court found that the appeal would have insufficient prospects of success to warrant the grant of special leave to appeal. As a result, the Court concluded that it would be futile to grant an extension of time, and the application should be dismissed.

Pursuant to the relevant rule of the High Court Rules 2004, the High Court directed the Registrar to draw up, sign, and seal an order dismissing the application. This order formalised the Court's decision to dismiss the application for special leave to appeal and the extension of time.

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