Batak v The King

BATAK
v
THE KING
[2025] HCADISP 15
S141/2024

The applicant requires an extension of time within which to seek special leave to appeal from the judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales (Kirk JA, Wilson and Ierace JJ). The Court of Criminal Appeal upheld part of an appeal against conviction brought by the applicant and quashed his conviction for constructive murder, but dismissed the remaining grounds of the appeal and ordered a retrial.
The proposed appeal does not have sufficient prospects of success to warrant a grant of special leave, nor does it raise any question of general principle. It would therefore be futile to grant the extension of time.
Special leave to appeal is refused.
Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
6 February 2025

CaseChat Overview and Summary

In the case of Batak v The King, the applicant, Batak, sought an extension of time to appeal against the judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales. The Court of Criminal Appeal had partially upheld an appeal against conviction, quashing the applicant's conviction for constructive murder but dismissing the remaining grounds of appeal and ordering a retrial. The central issue before the High Court was whether to grant the applicant an extension of time within which to seek special leave to appeal.

The High Court considered whether the proposed appeal had sufficient prospects of success to warrant a grant of special leave. The court also evaluated whether the appeal raised any questions of general principle. The Court found that the appeal did not have sufficient prospects of success and did not raise any question of general principle, concluding that it would be futile to grant the extension of time. The High Court therefore refused special leave to appeal.

The reasoning of the Court was that the appeal lacked the necessary merits to warrant special leave, as the prospects of success were not sufficient and no broader legal issues were presented. The Court emphasised that special leave is granted sparingly and only in cases where the appeal presents significant legal issues or where there are other compelling reasons.

The final orders of the Court were to refuse special leave to appeal and to deny the applicant's request for an extension of time. This decision upholds the principle that special leave to appeal is a discretionary tool used to ensure that the High Court's resources are focused on cases of significant legal importance or where there are exceptional circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established