Peter Viavattene v The Queen

PETER VIAVATTENE
v
THE QUEEN
[2016] HCASL 182
S146/2016

The applicant requires an extension of time, but it would be futile to grant the extension which is sought. None of the applicant's proposed grounds of appeal enjoys sufficient prospects of success to warrant a grant of special leave to appeal. They do not identify any question of principle or otherwise disclose any reason to doubt the correctness of the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Payne JA, McCallum and Davies JJ).
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.

G.A.A. Nettle

25 August 2016
M.M. Gordon

CaseChat Overview and Summary

In the matter of Peter Viavattene, the applicant, versus The Queen, the respondent, the case was heard by the High Court of Australia. The applicant sought an extension of time for his application for special leave to appeal against the decision of the Supreme Court of New South Wales' Court of Criminal Appeal. The applicant's application for special leave to appeal was dismissed by the Supreme Court of New South Wales Court of Criminal Appeal. The central issue before the High Court was whether the applicant's proposed grounds of appeal were sufficient to warrant an extension of time for the application for special leave to appeal. The court had to consider whether the applicant's grounds of appeal had sufficient prospects of success to warrant a grant of special leave to appeal.

The High Court held that none of the applicant's proposed grounds of appeal enjoyed sufficient prospects of success to warrant a grant of special leave to appeal. The court found that the proposed grounds of appeal did not identify any question of principle or disclose any reason to doubt the correctness of the decision of the Court of Criminal Appeal. The High Court held that granting an extension of time for the application for special leave to appeal would be futile. Accordingly, the court dismissed the applicant's application for an extension of time.

The High Court directed the Registrar to draw up, sign, and seal an order dismissing the application. The order was made pursuant to r 41.08.1 of the High Court Rules 2004 (Cth). The order was signed by G.A.A. Nettle and M.M. Gordon on 25 August 2016. The applicant's application for special leave to appeal was dismissed, and the decision of the Supreme Court of New South Wales Court of Criminal Appeal was upheld.

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