Vagg v The Queen

VAGG
v
THE QUEEN
[2021] HCASL 167
S69/2021

This is an application for special leave to appeal from a judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales (Simpson AJA, Rothman and N Adams JJ). A substantial extension of time is required for this application to proceed. The application for special leave to appeal does not raise any question of general principle. There is no reason to doubt the correctness of the decision of the Court of Criminal Appeal. It would therefore be futile to grant an extension of time. The application should be dismissed.
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

2 September 2021

CaseChat Overview and Summary

The case of Vagg v The Queen is an application for special leave to appeal against a judgment from the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant in this case is Vagg, appealing a decision made by the Court of Criminal Appeal, which comprised Simpson AJA, Rothman and N Adams JJ. The underlying dispute pertains to criminal law matters, although the specifics of the original criminal case are not detailed in this appeal. The central issue in this appeal is whether the application for special leave to appeal should be granted and if a substantial extension of time is warranted for the application to proceed.

The legal issues before the court were whether the application for special leave to appeal raised any questions of general principle and whether there was a reason to doubt the correctness of the Court of Criminal Appeal's decision. Additionally, the court considered whether granting an extension of time would be futile. The court examined these issues based on the circumstances of the case and the relevant legal criteria for granting special leave to appeal.

The High Court found that the application for special leave to appeal did not raise any questions of general principle. The court also found no reason to doubt the correctness of the Court of Criminal Appeal's decision. Consequently, the court concluded that granting an extension of time would be futile. Therefore, the application for special leave to appeal was dismissed. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to prepare, sign, and seal an order dismissing the application. The judges involved in this decision were M.M. Gordon and J.J. Edelman, and the order was made on 2 September 2021.

Keep reading for free

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established