Reed v Police No. Scgrg-99-451

[2000] SASC 339

REED v POLICE
[2000] SASC 339

Full Court:  Doyle CJ, Lander & Williams JJ

1................ DOYLE CJ....... This appears to be an application for leave to appeal against a decision by Wicks J. Wicks J refused to extend time within which the applicant might appeal to this Court against an order made by the Magistrates Court under the Domestice Violence Act 1994.

1. Leave is required before the applicant may appeal against the decision of Wicks J, by virtue of proviso (3)(a) to s 50(1) of the Supreme Court Act.

2. The application appears to be out of time, and, accordingly, an extension of time is required for the making of the application for leave to appeal.

3. The application for leave to appeal is made to the Full Court pursuant to R 94.01 of the Supreme Court rules. Pursuant to R 94.03 of the those rules the application is to be made in writing, and it is to be considered by the Full Court privately.

4. The papers lodged by the applicant do not comply with the requirements of the Rules. However, as the applicant is acting for himself, the court has treated the application as an application for an extension of time within which to seek leave to appeal, and for leave to appeal. The application has been considered in private by the court comprising me, Lander J and Williams J.

5. We are unanimously of the opinion that the Court should not extend the time within which an application may be made for leave to appeal. We are of that view because, on our consideration of the material, the appeal has no reasonable prospect of success. As well, the appeal raises no issue of general importance nor does it raise an issue of principle. For that reason, the order of the court is that the application for an extension of time within which leave to appeal may be sought is refused.

6. I indicate that had the court extended time, it would, in any event, have refused leave to appeal.

7. I direct that Mr Reed be notified of the outcome of the application, and be provided with a copy of these reasons.