Reed v Police No. Scgrg-99-451 Summary

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.

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.
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.
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.
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.
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.
I indicate that had the court extended time, it would, in any event, have refused leave to appeal.
I direct that Mr Reed be notified of the outcome of the application, and be provided with a copy of these reasons.

CaseChat Overview and Summary

The case before the court was an application by Reed for leave to appeal a decision made by Wicks J. The application was for an extension of time within which Reed might appeal to the Supreme Court against an order made by the Magistrates Court under the Domestic Violence Act 1994. The application was made to the Full Court of the Supreme Court of South Australia, which consisted of Doyle CJ, Lander J, and Williams J.

The legal issues before the court were whether the application was out of time and whether there was a reasonable prospect of success for the appeal. The court also considered whether the appeal raised an issue of general importance or principle. The Full Court held that the application was out of time and that the appeal had no reasonable prospect of success. Furthermore, the appeal did not raise an issue of general importance or principle.

The Full Court rejected the application for an extension of time within which leave to appeal might be sought. The court held that the appeal had no reasonable prospect of success, and it did not raise an issue of general importance or principle. The court also indicated that had it extended time, it would, in any event, have refused leave to appeal. The court directed that Mr Reed be notified of the outcome of the application and provided with a copy of the reasons.

The final order of the court was that the application for an extension of time within which leave to appeal might be sought was refused. The court also directed that Mr Reed be notified of the outcome of the application and provided with a copy of the reasons.

Reed v Police No. Scgrg-99-451

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established