Winning v The Queen

WINNING
v
THE QUEEN
[2022] HCASL 53
B76/2021

The applicant seeks special leave to appeal from a unanimous decision of the Court of Appeal of the Supreme Court of Queensland (Morrison and Mullins JJA and Boddice J) to dismiss an appeal from the decision of the trial judge (Judge Chowdhury).
There is no reason to doubt the decision of the Court of Appeal. The application otherwise raises no question of principle of general importance and has insufficient prospects of success to warrant a grant of special leave.
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.

S.J. Gageler S.H.P. Steward

16 March 2022

CaseChat Overview and Summary

The applicant, Winning, sought special leave to appeal against the unanimous decision of the Court of Appeal of the Supreme Court of Queensland. This decision dismissed an appeal from the ruling of the trial judge, Judge Chowdhury. The Court of Appeal's decision was made by Morrison and Mullins JJA and Boddice J. The primary focus of the case was to determine whether the Court of Appeal's decision was correct in dismissing the appeal from the trial judge's ruling.

The legal issues before the court were whether the Court of Appeal's decision was correct and whether the case raised a question of principle of general importance. Additionally, the court had to determine if the application had sufficient prospects of success to warrant a grant of special leave. The applicant argued that there were grounds for questioning the Court of Appeal's decision and that the case held significant legal importance.

In dismissing the application, the court found no reason to doubt the correctness of the Court of Appeal's decision. The court also concluded that the case did not raise a question of principle of general importance and did not have sufficient prospects of success to warrant a grant of special leave. The court relied on Rule 41.08.1 of the High Court Rules 2004 (Cth) to direct the Registrar to draw up, sign and seal an order dismissing the application. This decision was made by S.J. Gageler and S.H.P. Steward on 16 March 2022.

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