Zakhour v The King

Link copied
Case Copied 1 min read

ZAKHOUR

v
The KING
[2022] HCASL 185
M43/2022

  1. The applicant requires an extension of time within which to file an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Victoria (McLeish and Macaulay JJA), refusing her application for leave to appeal against sentence.

  2. The Court of Appeal's decision is not attended with sufficient doubt so as to warrant the grant of special leave. It would therefore be futile to grant the extension of time that is sought.

  3. 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
20 October 2022
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Zakhour v The King and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2022] HCASL 185
Decision Date

CaseChat Overview and Summary

In this matter, the applicant, Zakhour, sought an extension of time to file an application for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Victoria. The Court of Appeal had previously dismissed Zakhour's application for leave to appeal against her sentence. The High Court was asked to consider whether an extension of time should be granted to allow Zakhour to file an application for special leave to appeal the Court of Appeal's decision.

The central legal issue was whether the Court of Appeal's decision was attended with sufficient doubt to warrant the grant of special leave. The court had to consider whether there was a reasonable prospect that the appeal would be successful if special leave were granted. The court also had to consider whether it would be futile to grant the extension of time that was sought.

The court found that the Court of Appeal's decision was not attended with sufficient doubt to warrant the grant of special leave. The court held that it would therefore be futile to grant the extension of time that was sought. The court noted that the Court of Appeal had carefully considered the issues and had come to a conclusion that was open to it on the material before it. The court held that there was no reasonable prospect that the appeal would be successful if special leave were granted.

The High Court dismissed the application and directed the Registrar to draw up, sign and seal an order dismissing the application. The court held that the application should be dismissed because the Court of Appeal's decision was not attended with sufficient doubt to warrant the grant of special leave, and because it would be futile to grant the extension of time that was sought. The court held that there was no basis on which to grant the extension of time sought by the applicant.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.