Verban v The King

In *Verban v The King*, the applicant sought leave to set aside a notice of discontinuance previously filed in relation to his criminal appeal. The matter came before Acting Livesey CJ.

The central legal issue before the Court was whether it was appropriate, in the circumstances, to permit the applicant to withdraw his notice of discontinuance and proceed with his appeal. This involved considering the public interest in the finality of litigation against the applicant's right to pursue his appeal.

Acting Livesey CJ reasoned that this was a proper case to grant the applicant leave to set aside the notice of discontinuance. His Honour noted that the proposed new appeal represented the applicant's first realistic opportunity to pursue his right to appeal his convictions under sections 157(1)(a) and 158(1)(a) of the *Criminal Procedure Act 1921* (SA). Consequently, the applicant was granted leave to withdraw the notice of discontinuance and to amend his grounds of appeal. The appeal was scheduled to be heard by the Court of Appeal on 14 August 2025.