MONFORTE v The King

mONFORTE
v
The King
[2022] HCASL 160
M25/2022

The applicant requires an extension of time within which to file an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Victoria (Whelan and Niall JJA and Taylor AJA).
The foreshadowed application does not raise a question of principle which warrants consideration by this Court. Further, the proposed grounds of appeal have insufficient prospects of success to warrant a grant of special leave. It would therefore be futile to grant the extension of time that is sought.
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 S.H.P. Steward

19 September 2022

CaseChat Overview and Summary

In the case of Montforte v The King, the applicant sought an extension of time to file an application for special leave to appeal against a decision made by the Court of Appeal of the Supreme Court of Victoria. The Court of Appeal's decision was made by Whelan and Niall JJA and Taylor AJA. The applicant's primary objective was to appeal the Court of Appeal's decision to the High Court of Australia.

The legal issues that the court needed to decide were whether the proposed application for special leave raised a question of principle warranting consideration by the High Court and whether the proposed grounds of appeal had sufficient prospects of success to warrant a grant of special leave. Additionally, the court needed to determine whether granting the extension of time sought by the applicant would be futile.

The court found that the proposed application did not raise a question of principle which warranted consideration by the High Court. Furthermore, the proposed grounds of appeal had insufficient prospects of success to warrant a grant of special leave. Consequently, the court concluded that granting the extension of time sought by the applicant would be futile. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the court directed the Registrar to draw up, sign and seal an order dismissing the application.

The final orders of the court dismissed the application for an extension of time within which to file an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Victoria. The decision was made by S.J. Gageler and S.H.P. Steward on 19 September 2022.

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