Pasnin v The Queen

PASNIN
v
THE QUEEN
[2021] HCASL 93
B11/2021

The applicant requires an extension of time to file an application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Queensland (Philippides JA, Sofronoff P and McMurdo JA agreeing). The decision of the Court of Appeal is not attended by sufficient doubt to warrant the grant of special leave to appeal. It would therefore be futile to grant the extension of time sought. The application for special leave 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.

M.M. Gordon J.J. Edelman

13 May 2021

CaseChat Overview and Summary

In the matter of Pasnin v The Queen, the applicant sought an extension of time to file an application for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Queensland. The Court of Appeal had previously dismissed the applicant’s appeal, and the applicant now sought to appeal to the High Court. The central issue was whether there was sufficient doubt about the Court of Appeal’s decision to warrant granting the extension of time sought by the applicant.

The High Court considered the nature of the doubt required to justify granting an extension of time to file an application for special leave to appeal. The Court observed that the Court of Appeal's decision was not attended by sufficient doubt to warrant the grant of special leave to appeal. The Court reasoned that the decision of the Court of Appeal did not involve any substantial question of law of general public importance and therefore would not be in the interests of justice to grant the extension sought. The Court concluded that it would be futile to grant the extension of time as the appeal would likely be dismissed by the High Court.

The High Court dismissed the application for an extension of time to file an application for special leave to appeal. The Court noted that the decision of the Court of Appeal was not attended by sufficient doubt to warrant the grant of special leave to appeal. The Court also noted that it would be futile to grant the extension of time as the appeal would likely be dismissed by the High Court. Consequently, the Court directed the Registrar to draw up, sign and seal an order dismissing the application.

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