Yutian Li v The Queen

YUTIAN LI
v
THE QUEEN
[2021] HCASL 116
B74/2020

A substantial extension of time is required to enable this application for special leave to appeal to proceed. The extension is opposed by the respondent. The appeal foreshadowed by the application would turn, in part, on issues not agitated before the Court of Appeal of the Supreme Court of Queensland. The Court of Appeal cannot be said to have erred in failing to uphold arguments not put to it. In addition, this Court would not have the benefit of the reasons of the Court of Appeal on these issues if special leave were to be granted. In any event, the proposed appeal has insufficient prospects of success to warrant a grant of special leave; and there is no reason to consider the applicant has suffered any substantial injustice. The application for special leave to appeal should be refused. In these circumstances it would be futile to grant an extension of time to allow the application for special leave to proceed.
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.

P.A. Keane J.S. Gleeson

17 June 2021

CaseChat Overview and Summary

In the matter of Yutian Li versus The Queen, the applicant sought a substantial extension of time to lodge an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Queensland. The respondent, the Crown, opposed the application. The central issue was whether the applicant should be granted an extension of time to allow the application for special leave to proceed, given that the appeal would likely hinge on arguments not previously raised before the Court of Appeal, and the prospects of success for such an appeal appeared to be minimal.

The court examined whether the Court of Appeal had erred by not considering the arguments that would form the basis of the proposed appeal. It was determined that the Court of Appeal could not be held to have erred for not addressing arguments that were not presented to it. Additionally, the court noted that if special leave were granted, it would not have the benefit of the Court of Appeal's reasons on these new issues. The court also evaluated the prospects of success for the proposed appeal, finding them to be insufficient. Moreover, there was no indication that the applicant had suffered substantial injustice. Consequently, the application for special leave to appeal was deemed to lack merit.

The application for an extension of time to proceed with the application for special leave was rejected on the basis that it would be futile to allow the application to proceed under the circumstances. The court directed the Registrar to prepare, sign, and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). The decision was rendered on 17 June 2021 by Keane and Gleeson, Justices of the High Court.

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