ZAKHOUR
v
The KING
[2022] HCASL 185
M43/2022
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.
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.
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
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
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2022] HCASL 185
- Decision Date
CaseChat Overview and Summary
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.