Sayadi v The Queen

SAYADI
v
THE QUEEN
[2021] HCASL 115
S229/2020

The applicant requires an extension of time in which to seek special leave to appeal against the unanimous decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Payne JA, Beech‑Jones and N Adams JJ) dismissing the applicant's appeal against conviction. It would be futile to grant the extension that is sought. The applicant has not identified a question of law sufficient to warrant the grant of special leave to appeal and it would not be in the interests of justice generally or in the particular circumstances of this case to grant special leave.
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.

M.M. Gordon J.J. Edelman

17 June 2021

CaseChat Overview and Summary

The case of Sayadi v The Queen involved an application for an extension of time to seek special leave to appeal against a decision by the Court of Criminal Appeal of the Supreme Court of New South Wales, which dismissed the applicant's appeal against conviction. The applicant sought this extension under the High Court Rules 2004 (Cth). The case was heard by the High Court, with Gordon and Edelman JJ delivering the decision.

The primary legal issues the court needed to address were whether the applicant had identified a question of law that was of sufficient importance to warrant the grant of special leave to appeal and whether it would be in the interests of justice to grant such an extension. The applicant's appeal against conviction had been dismissed by the Court of Criminal Appeal, and the High Court was asked to consider if the applicant should be granted additional time to pursue an appeal.

The High Court found that the applicant had not identified a question of law sufficient to warrant the grant of special leave to appeal. The court further determined that granting the extension would not be in the interests of justice generally or in the particular circumstances of this case. Consequently, the application was dismissed, and the Registrar was directed to prepare, sign, and seal an order to that effect. The court emphasised the importance of identifying significant questions of law for special leave applications and considered the broader interests of justice in its decision-making process.

The final orders from the High Court dismissed the application for an extension of time to seek special leave to appeal. The court's decision underscored the stringent criteria for granting special leave to appeal and reinforced the principle that such extensions should only be granted in exceptional circumstances where there is a substantial question of law to be addressed.

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