Savage v The Queen

CaseChat Overview and Summary

Savage, the applicant, sought an extension of time to file an application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Queensland. The application was heard and dismissed by the High Court of Australia. The primary issue before the Court was whether the applicant should be granted an extension of time to file an application for special leave to appeal. In assessing this, the Court also considered the prospects of success of the proposed appeal and whether it would engage the interests of the administration of justice.

The Court found that the appeal would enjoy insufficient prospects of success to warrant the grant of special leave. This was because the applicant's arguments were not novel or compelling enough to warrant a departure from the existing legal principles. Furthermore, the Court found that the proposed appeal would not engage the interests of the administration of justice, as it did not raise any significant issues of law or public importance. Consequently, the Court held that it would be futile to grant the extension of time that was sought.

In light of the above, the Court refused the application for an extension of time. The Court further directed the Registrar to draw up, sign and seal an order dismissing the application. The order was signed and sealed by Justice Bell and Justice Nettle on 18 March 2020. The dismissal of the application means that the applicant is not permitted to file an application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Queensland.

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Legal Principle Established

V.M Bell	G.A.A Nettle
18 March 2020