Panagaris v The King

Case [2023] HCASL 135

PANAGARIS v THE KING

[2023] HCASL 135
B22/2023

  1. The applicant requires an extension of time in which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Morrison, Dalton and Flanagan JJA).

  2. The proposed grounds of appeal do not identify any basis on which to doubt the correctness of the reasoning of the Court of Appeal. The application therefore does not enjoy sufficient prospects of success and it would be futile to grant an extension of time.

  3. 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.S. Gleeson
14 September 2023

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AGLC
Panagaris v The King [2023] HCASL 135
Case
[2023] HCASL 135
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CaseChat Overview and Summary

In the case of Panagaris v The King, the applicant seeks an extension of time to apply for special leave to appeal a decision made by the Court of Appeal of the Supreme Court of Queensland. The matter has been heard in the High Court of Australia. The applicant, Panagaris, is contesting the timing of the special leave application, which is beyond the standard deadline, and requests additional time to file the application and proposed grounds of appeal. The primary legal issue before the Court was whether the application for an extension of time should be granted, considering the lack of a basis to doubt the correctness of the Court of Appeal's reasoning.

The Court examined the grounds of appeal submitted by Panagaris and found that they did not provide a compelling reason to question the Court of Appeal's decision. The Court noted that for an extension of time to be granted, the application must have sufficient prospects of success and it should not be futile. In this case, the Court found that the proposed grounds of appeal did not meet these criteria, as they did not challenge the correctness of the Court of Appeal's reasoning. Consequently, the Court held that the application for an extension of time did not have sufficient prospects of success and was therefore futile.

In light of the findings, the Court dismissed the application for an extension of time. The Court ordered the Registrar to draw up, sign, and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004. The Court did not grant Panagaris the additional time required to seek special leave to appeal the decision of the Court of Appeal of the Supreme Court of Queensland. This ruling effectively brings the matter to a close, as Panagaris is unable to pursue further appeal options within the given timeframe.

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