Manning v The Queen

Manning v The Queen is a legal case involving the applicant, Manning, and the respondent, the Crown represented by The Queen. The dispute revolves around an application for special leave to appeal a decision made by the Court of Appeal of the Supreme Court of Queensland. The matter was heard and determined by the High Court of Australia. The central issue before the court was whether the application for special leave to appeal raised any question with sufficient prospects of success to warrant the grant of special leave to appeal. Essentially, the court had to decide if the application was worthy of further consideration in light of the likelihood of success.

The court considered the nature of the application and the arguments presented by the applicant, Manning. It found that the application did not raise any question with sufficient prospects of success. The court was of the opinion that the arguments presented in the application were unlikely to succeed, and therefore, granting special leave to appeal would be futile. The court concluded that the application did not meet the criteria for special leave to appeal, as it did not present a substantial question of law or fact that would warrant further consideration.

As a result of the court's reasoning, the application for special leave to appeal was dismissed. The court found that there were no grounds for granting an extension of time for the application to proceed. Instead, the court decided that the application should be dismissed without further consideration. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign, and seal an order dismissing the application. The decision was made on 16 March 2022 by Justice Keane and Justice Edelman.

No further orders were made by the court. The application for special leave to appeal was dismissed, and the decision of the Court of Appeal of the Supreme Court of Queensland was upheld. The applicant, Manning, was not granted the opportunity to further appeal the decision, as the High Court found that the application did not raise any question with sufficient prospects of success.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

P.A. Keane	J.J. Edelman
16 March 2022