YOUNG (BANKRUPT)
v
CRIME AND CORRUPTION COMMISSION (CCC)
[2019] HCASL 397
B59/2019
The proposed appeal from the decision of the Court of Appeal of the Supreme Court of Queensland would have no realistic prospect of success. Hence it would be futile to grant an extension of time. Special leave to appeal should be refused.
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 S.J Gageler 11 December 2019
Details
- AGLC
- Young (Bankrupt) v Crime and Corruption Commission (CCC) [2019] HCASL 397
- Case
- [2019] HCASL 397
- Decision Date
CaseChat Overview and Summary
In the matter of Young (Bankrupt) v Crime and Corruption Commission (CCC), the High Court was presented with an application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland. The bankrupt, Young, sought to challenge the Court of Appeal's decision in relation to proceedings brought by the CCC. The primary focus of the dispute involved the interpretation and application of certain provisions within the Bankruptcy Act 1966 (Cth) and the conduct of the CCC during the proceedings.
The legal issues before the High Court were centered on the interpretation of specific sections of the Bankruptcy Act and whether the CCC had acted in a manner that contravened the statutory provisions. The Court of Appeal had already considered these issues, concluding that the bankrupt's appeal had no reasonable prospect of success. Consequently, the High Court was required to determine whether the appeal to the High Court itself had any realistic chance of success and if granting an extension of time for the appeal would be futile.
In deliberating on the application, the High Court observed that the Court of Appeal had thoroughly examined the legal issues and found them to be without merit. The Court of Appeal had carefully considered the evidence and arguments presented, ultimately concluding that the bankrupt's appeal was without any realistic prospect of success. The High Court agreed with this assessment and found that the appeal to the High Court would similarly be futile. Therefore, the application for special leave to appeal was dismissed.
In light of the above, the High Court directed the Registrar to draw up, sign, and seal an order dismissing the application for special leave to appeal. The order was made on 11 December 2019, by Justices Bell and Gageler, signifying the conclusion of the matter in the High Court.
The legal issues before the High Court were centered on the interpretation of specific sections of the Bankruptcy Act and whether the CCC had acted in a manner that contravened the statutory provisions. The Court of Appeal had already considered these issues, concluding that the bankrupt's appeal had no reasonable prospect of success. Consequently, the High Court was required to determine whether the appeal to the High Court itself had any realistic chance of success and if granting an extension of time for the appeal would be futile.
In deliberating on the application, the High Court observed that the Court of Appeal had thoroughly examined the legal issues and found them to be without merit. The Court of Appeal had carefully considered the evidence and arguments presented, ultimately concluding that the bankrupt's appeal was without any realistic prospect of success. The High Court agreed with this assessment and found that the appeal to the High Court would similarly be futile. Therefore, the application for special leave to appeal was dismissed.
In light of the above, the High Court directed the Registrar to draw up, sign, and seal an order dismissing the application for special leave to appeal. The order was made on 11 December 2019, by Justices Bell and Gageler, signifying the conclusion of the matter in the High Court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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