McCabe
v
The King
[2022] HCASL 216
M51/2022
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.
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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- McCabe v The King [2022] HCASL 216
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- [2022] HCASL 216
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CaseChat Overview and Summary
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.
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Background
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Ratio Decidendi
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