Riddell v The Queen

CaseChat Overview and Summary

In Riddell v The Queen, the applicant sought an extension of time to file an application for special leave to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant’s application raised no apparent basis upon which to consider that the Court of Criminal Appeal's decision was attended by doubt such as to warrant a grant of special leave to appeal. The primary issue before the court was whether the application for an extension of time should be granted.

The court considered whether the applicant had provided a sufficient basis to warrant the grant of special leave to appeal. It was noted that the application for an extension of time did not provide any grounds that suggested doubt in the Court of Criminal Appeal's decision. Given this, the court held that it would be futile to grant the extension of time that was sought. Consequently, the application was dismissed.

The court found that the applicant had not demonstrated any apparent basis to suggest that the Court of Criminal Appeal's decision was attended by doubt. The court noted that the application for an extension of time did not present any grounds that would warrant the grant of special leave to appeal. Therefore, the court concluded that granting the extension of time would be futile. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign, and seal an order dismissing the application. The order was signed by S.J. Gageler and J.S. Gleeson on 20 April 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

S.J Gageler	J.S Gleeson
20 April 2022