Wilio v The King

WILIO
v
THE KING
[2023] HCASL 147
M49/2023

The applicant requires an extension of time within which to seek special leave to appeal from a unanimous decision of the Court of Appeal of the Supreme Court of Victoria (Priest, Beach and Kaye JJA) dismissing his applications for leave to appeal against conviction and sentence.
The decision of the Court of Appeal is plainly correct and the matter otherwise raises no issue of principle of public importance. Special leave should be refused. That being so, it would be futile to grant the extension of time required.
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.M. Jagot

12 October 2023

CaseChat Overview and Summary

The case of Wilio v The King involved the applicant seeking an extension of time to apply for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria. The Court of Appeal had dismissed the applicant's applications for leave to appeal against both his conviction and sentence. The Supreme Court of Victoria (Priest, Beach and Kaye JJA) had unanimously decided against the applicant, concluding that the applications were without merit. The applicant now sought to appeal to the High Court of Australia for an extension of time to lodge his special leave application.

The legal issues before the court were whether the Court of Appeal's decision was correct and if granting an extension of time for the special leave application would be appropriate given the circumstances. The court had to determine whether there was any issue of public importance or principle that would warrant the granting of special leave. The High Court was also required to consider the futility of granting an extension if the appeal was deemed unlikely to succeed.

The High Court found that the Court of Appeal's decision was correct and that the applicant's matter did not raise any issues of principle of public importance. Consequently, the court concluded that granting special leave would be futile. The High Court held that since the Court of Appeal's decision was unassailable and there were no grounds for appeal, it was not appropriate to grant the extension of time sought by the applicant. The High Court, therefore, dismissed the application and directed the Registrar to draw up, sign and seal an order to this effect.

In conclusion, the High Court dismissed the applicant's application for an extension of time to seek special leave to appeal against the Court of Appeal's decision. The court found that the Court of Appeal's decision was correct and that there were no issues of public importance warranting further consideration. As a result, the High Court directed the Registrar to dismiss the application, and an order to this effect was signed and sealed by the Registrar.

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