Will v The Queen

The applicant, Will, sought leave to appeal out of time against a decision of the respondent, The Queen. The application was heard by Burns J.

The central legal issue before the Court was whether to grant the applicant leave to appeal out of time. This required consideration of the reasons for the applicant's delay in filing the appeal, the potential prejudice to the respondent arising from that delay, and the prospects of success in the proposed appeal.

Burns J considered the principles governing applications for leave to appeal out of time. The Court weighed the applicant's explanation for the delay against the potential prejudice to the respondent and assessed the merits of the intended appeal. The Court's decision would ultimately depend on whether these factors, taken together, justified departing from the usual time limits for bringing an appeal.