McCabe v The King

Case [2022] HCASL 216


McCabe
v
The King
[2022] HCASL 216
M51/2022

  1. The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Maxwell P, McLeish and Macaulay JJA). There is no reason to doubt the correctness of the Court of Appeal's decision. The application should be refused.

  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.

S.J Gageler J.M Jagot
15 December 2022

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AGLC
McCabe v The King [2022] HCASL 216
Case
[2022] HCASL 216
Decision Date

CaseChat Overview and Summary

McCabe v The King is a case where the applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria. The applicant is appealing against the decision which was made by Maxwell P, McLeish, and Macaulay JJA. The dispute revolves around a legal matter which was not specified in detail in the text, however, it is clear that the applicant is dissatisfied with the outcome of the Court of Appeal's decision.

The legal issues that the court was required to decide were whether there were any grounds for the applicant to appeal against the decision of the Court of Appeal. The court also had to consider whether there was any reason to doubt the correctness of the Court of Appeal's decision. Furthermore, the court had to determine if the application should be refused and if so, what orders should be made.

The court's reasoning was that there was no reason to doubt the correctness of the Court of Appeal's decision. The applicant's application should therefore be refused. The court also directed the Registrar to draw up, sign, and seal an order dismissing the application. The court found that there were no grounds for the applicant to appeal against the decision of the Court of Appeal, and that the application should be dismissed.

Therefore, the court dismissed the application and directed the Registrar to draw up, sign and seal an order dismissing the application. This order effectively brings an end to the applicant's attempt to appeal against the Court of Appeal's decision. The court found that there were no grounds for the applicant to appeal against the decision of the Court of Appeal, and that the application should be dismissed.

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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