PFC v The Queen

PFC
v
THE QUEEN
[2021] HCASL 131
S40/2021

The applicant requires an extension of time within which to file the application for special leave to appeal. The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Payne JA, Johnson and Wilson JJ) dismissing each of the applicant's notice of motion dated 21 September 2020; the applicant's revised application dated 22 December 2020; and the applicant's amended notice of motion dated 27 January 2021. An appeal to this Court would enjoy no prospect of success. It would therefore be futile to grant the extension that is sought. 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 S.H.P. Steward

5 August 2021

CaseChat Overview and Summary

The applicant in this case sought an extension of time within which to file an application for special leave to appeal against a decision made by the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant had previously filed a notice of motion on 21 September 2020, followed by a revised application on 22 December 2020, and an amended notice of motion on 27 January 2021. All of these applications had been dismissed by the Court of Criminal Appeal, which comprised Payne JA, Johnson and Wilson JJ.

The primary legal issue before the Court was whether to grant the applicant an extension of time to file an application for special leave to appeal. The applicant needed to demonstrate that there was a question of principle of general importance that would warrant such a grant. Additionally, the applicant had to provide an arguable ground of appeal against the decisions dismissing the previous applications. The Court had to determine whether the applicant's proposed appeal would have any prospect of success and whether granting the extension would be futile.

The Court found that the applicant had not identified any question of principle of general importance that would warrant the grant of special leave to appeal. Furthermore, the applicant did not provide any arguable grounds of appeal against the decisions dismissing the previous applications. The Court concluded that an appeal would enjoy no prospect of success and that granting the extension would be futile. Consequently, the Court refused to grant the extension and dismissed the application. The Court directed the Registrar to draw up, sign, and seal an order dismissing the application.

Continue reading PFC v The Queen

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established