Lessur-Millar v The Director of Public Prosecutions
Case
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[1990] HCATrans 11
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AGLC
Case
Decision Date
Lessur-Millar v The Director of Public Prosecutions [1990] HCATrans 11
[1990] HCATrans 11
CaseChat Overview and Summary
This matter came before the High Court of Australia concerning an application for special leave to appeal by Ricardo Lessur-Millar against the Director of Public Prosecutions. The applicant's counsel indicated a need to amend the proposed grounds of appeal and also sought to appeal an earlier decision of the Court of Appeal, which would necessitate a significant extension of time.
The primary legal issue before the Court was the applicant's current application for special leave to appeal. However, the Court also considered the practicalities of the applicant's intention to amend his application and seek an extension of time to appeal a prior Court of Appeal decision, which the applicant wished to bring forward at the same time.
Mason CJ noted that the matter had been listed for hearing in Canberra in the March sittings and that if the applicant's case was not ready to proceed then, it would inevitably be dismissed. The applicant's counsel undertook to file amended documents and an amended application within a week, with the intention of having the matter proceed on 2 March. The Court indicated that the applicant should proceed with filing the necessary documents promptly.
The primary legal issue before the Court was the applicant's current application for special leave to appeal. However, the Court also considered the practicalities of the applicant's intention to amend his application and seek an extension of time to appeal a prior Court of Appeal decision, which the applicant wished to bring forward at the same time.
Mason CJ noted that the matter had been listed for hearing in Canberra in the March sittings and that if the applicant's case was not ready to proceed then, it would inevitably be dismissed. The applicant's counsel undertook to file amended documents and an amended application within a week, with the intention of having the matter proceed on 2 March. The Court indicated that the applicant should proceed with filing the necessary documents promptly.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Civil Procedure
Legal Concepts
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Appeal
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