Zevenbergen v The King

Case [2024] HCASL 188


ZEVENBERGEN

v

THE KING

[2024] HCASL 188
B23/2024

  1. The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland (Morrison JA, Dalton JA and Wilson J) allowing an appeal from a conviction of the District Court of Queensland (Judge Loury QC).

  2. There is insufficient reason to doubt the correctness of the Court of Appeal's decision to warrant a grant of special leave to appeal. Accordingly, it would be futile to grant an extension of time.

  3. Special leave to appeal is refused.

    Gageler CJ
    Gordon J
    Edelman J
    Steward J
    Gleeson J
    Jagot J
    Beech-Jones J

    8 August 2024

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AGLC
Zevenbergen v The King [2024] HCASL 188
Case
[2024] HCASL 188
Decision Date

CaseChat Overview and Summary

The case of Zevenbergen v The King involved an applicant seeking an extension of time to appeal a judgment from the Court of Appeal of the Supreme Court of Queensland. This appeal arose from a conviction in the District Court of Queensland. The applicant's request was for an extension of time to seek special leave to appeal the decision of the Queensland Court of Appeal, which had allowed an appeal against the earlier conviction by the District Court. The application was made directly to the High Court, which is the highest appellate court in Australia.

The primary legal issue before the High Court was whether there were sufficient grounds to doubt the correctness of the Court of Appeal's decision, which would justify granting special leave to appeal. Additionally, the court needed to determine whether, even if there were grounds to doubt the correctness of the decision, it would be futile to grant an extension of time to the applicant. These issues were crucial in deciding whether to grant the application for an extension.

In evaluating these issues, the High Court found that there was no sufficient reason to doubt the correctness of the Court of Appeal's decision. This conclusion was based on a thorough review of the Court of Appeal's reasoning and the evidence presented. Consequently, the High Court determined that it would be futile to grant an extension of time, as there were no compelling grounds to warrant further appeal. As a result, the High Court refused the application for special leave to appeal.

Orders

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Background

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Ratio Decidendi

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