Rickards v The Queen

RICKARDS
v
THE QUEEN
[2021] HCASL 99
B68/2020

The applicant requires an extension of time within which to file an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Fraser and McMurdo JJA and Boddice J). There is insufficient reason to doubt the correctness of the Court of Appeal's reasoning to warrant the grant of special leave. Hence, it would be futile to grant the extension of time that is sought. Special leave to appeal 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.

S.J. Gageler S.H.P. Steward

20 May 2021

CaseChat Overview and Summary

The parties involved in this case are the applicant, Rickards, and the respondent, The Queen. The dispute concerns an application for an extension of time within which to file an application for special leave to appeal from a decision made by the Court of Appeal of the Supreme Court of Queensland. The case was heard by the High Court of Australia. The Court of Appeal had previously dismissed Rickards’ appeal against a conviction and sentence imposed by the trial judge.

The primary legal issue before the High Court was whether there were sufficient grounds to doubt the correctness of the Court of Appeal's reasoning, which would warrant granting special leave. The Court needed to consider whether an extension of time to file the application for special leave should be granted. The High Court also had to evaluate whether it would be futile to grant the extension of time sought by Rickards.

In reaching its decision, the High Court noted that the Court of Appeal's reasoning was clear and there was no reason to doubt its correctness. The High Court concluded that granting the extension of time sought by Rickards would be futile, as it would not lead to a successful special leave application. Therefore, the High Court dismissed Rickards' application for an extension of time and refused special leave to appeal. The Court held that there was insufficient reason to doubt the correctness of the Court of Appeal's reasoning, and the application should be dismissed.

The final orders of the High Court were to direct the Registrar to draw up, sign and seal an order dismissing the application for an extension of time and special leave to appeal. The Court's decision was made by Justices Gageler and Steward on 20 May 2021.

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