Schafer v Bacon

SCHAFER
v
BACON
[2023] HCASL 156
B35/2023

The applicant seeks an extension of time for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Bond JA, Boddice A‑JA, and Wilson J) refusing an application for an extension of time to appeal from a decision of the District Court of Queensland (Clarke DCJ) which, in turn, refused an application for an extension of time to appeal from the orders of the Magistrates Court.
The proposed appeal advances no arguable ground of appeal from the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought and the application for special leave 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 J.M. Jagot

19 October 2023

CaseChat Overview and Summary

Schafer sought an extension of time to appeal from a decision of the Supreme Court of Queensland's Court of Appeal. This decision had dismissed an application for an extension of time to appeal a decision of the District Court of Queensland. The District Court decision had dismissed an application for an extension of time to appeal orders of the Magistrates Court. Schafer's application for special leave to appeal to the High Court from the Court of Appeal decision was filed outside the permitted time limit, and thus required an extension of time.

The legal issue before the court was whether Schafer's application for special leave to appeal from the Court of Appeal decision was within time. The court considered whether Schafer had put forward any arguable grounds of appeal from the Court of Appeal decision and whether there were any prospects of success if the appeal were heard.

The court held that Schafer had not advanced any arguable ground of appeal from the decision of the Court of Appeal. Moreover, the court found that an appeal to the High Court would enjoy no prospects of success. Given these findings, the court held that it would be futile to grant the extension of time sought. Accordingly, Schafer's application for special leave should be refused. The court also directed the Registrar to draw up, sign and seal an order dismissing the application.

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