Wilson v The Queen

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WILSON

v

THE QUEEN

[2018] HCASL 301
M95/2018

  1. The applicant requires an extension of time within which to file his application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria.  There are insufficient prospects that an appeal would succeed to warrant a grant of special leave.  It would therefore be futile to grant the extension of time which is sought.

  2. 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.

V.M. Bell
17 October 2018
G.A.A. Nettle
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Details
Case
[2018] HCASL 301
Decision Date

CaseChat Overview and Summary

The applicant in this matter sought an extension of time to file an application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria. The application was heard by the High Court of Australia, which is the final court of appeal in Australia. The applicant argued that there were insufficient prospects of success for an appeal to warrant a grant of special leave, and that it would therefore be futile to grant the extension of time sought. The court was required to determine whether an extension of time should be granted to the applicant.

The legal issue before the court was whether there were sufficient grounds to grant an extension of time to the applicant to file an application for special leave to appeal. The court considered the relevant rules and precedents, as well as the merits of the applicant's case. The court found that there were insufficient prospects that an appeal would succeed to warrant a grant of special leave, and that it would therefore be futile to grant the extension of time which was sought.

The court concluded that the application for an extension of time should be dismissed, and that it would be futile to grant the extension of time sought. The court directed the Registrar to draw up, sign and seal an order dismissing the application. The court considered the relevant rules and precedents, as well as the merits of the applicant's case, before reaching its decision.

No further orders were made by the court. The application for an extension of time was dismissed, and the court found that it would be futile to grant the extension of time sought. The decision of the court was binding on the parties and could not be appealed further.

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