Tartaglia v The King

TARTAGLIA
v
The King
[2023] HCASL 33
A24/2022

This application requires an extension of time in order to proceed. The applicant seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of South Australia (Livesey P, Doyle and David JJA) dismissing an appeal against conviction in the District Court of South Australia.
The question of principle underlying the first proposed special leave question was addressed by this Court in Dansie v The Queen [2022] HCA 25. The application does not enjoy sufficient prospects of establishing that the Court of Appeal misapplied that principle or otherwise erred to warrant the grant of special leave to appeal. That being so, it would be futile to grant the extension of time sought.
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.S. Gleeson

16 March 2023

CaseChat Overview and Summary

In the case of Tartaglia v The King, the applicant, Tartaglia, applied for special leave to appeal against the judgment of the Court of Appeal of the Supreme Court of South Australia, which dismissed an appeal against his conviction in the District Court of South Australia. The case involves an appeal against a conviction, and the applicant seeks an extension of time to proceed with the appeal. The High Court was required to determine whether special leave to appeal should be granted.

The primary legal issue before the High Court was whether the applicant had sufficient prospects of success in establishing that the Court of Appeal had misapplied a principle of law or otherwise erred in dismissing the appeal. The Court found that the question of principle underlying the appeal had already been addressed in a previous decision, Dansie v The Queen [2022] HCA 25. The Court concluded that the application did not have sufficient prospects of success to warrant the grant of special leave to appeal, and that it would be futile to grant the extension of time sought.

The High Court found that the application for special leave to appeal did not have sufficient prospects of success and, as such, dismissed the application. The Court directed the Registrar to draw up, sign and seal an order dismissing the application. This decision highlights the importance of demonstrating a sufficient prospect of success when applying for special leave to appeal, as well as the Court's unwillingness to grant extensions of time when the prospects of success are insufficient.

No further orders were made by the Court.

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