Lessur-Millar v The Director of Public Prosecutions

The High Court of Australia heard an application by the Director of Public Prosecutions (DPP) against Ricardo Lessur-Millar. The DPP sought special leave to appeal a decision of the Court of Criminal Appeal of New South Wales. The DPP's application was prompted by Mr Lessur-Millar's failure to take steps to advance his special leave application after filing it, leading the DPP to seek either an order for Mr Lessur-Millar to comply with procedural requirements or dismissal of the matter.

The central legal issue before the High Court was whether Mr Lessur-Millar should be compelled to take steps to progress his special leave application, or if the application should be dismissed due to his inaction. This was framed by the DPP as an application to put the applicant on terms to prepare his special leave application.

Mr Lessur-Millar explained that his inability to proceed was due to his financial circumstances, stating he was "out of bail" and unable to work or receive social security benefits, which prevented him from earning money to hire legal counsel. He had been denied permission to travel to Mexico to work and had his application for legal aid refused, a decision he had appealed. He argued that his case had merit, involving issues of international kidnapping and abuse of process that the High Court had not previously determined. He contended that the delays he experienced were not of his making but were due to the protracted decision-making processes of various bodies, exacerbated by his impecunious state.