Yutian Li v The Queen
[2021] HCASL 116
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
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