Suppiah v The Queen

SUPPIAH
v
THE QUEEN
[2019] HCASL 42
A34/2018

The applicant requires an extension of time within which to file this application for special leave to appeal. The proposed grounds of appeal from the decision of the Court of Criminal Appeal of the Supreme Court of South Australia (Kourakis CJ, Blue J and Hinton J) would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal. It would therefore be futile to grant the extension that is sought. The application should be dismissed.
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.

M.M Gordon J.J Edelman

13 March 2019

CaseChat Overview and Summary

The applicant, Suppiah, sought an extension of time within which to file an application for special leave to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of South Australia. The applicant's proposed grounds of appeal were from a decision made by Kourakis CJ, Blue J and Hinton J. The central issue before the court was whether the application for an extension of time should be granted, and if the proposed grounds of appeal had sufficient prospects of success to warrant a grant of special leave to appeal.

The court held that the proposed grounds of appeal would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal. The court found that it would be futile to grant the extension that was sought, as the prospects of success for the appeal were minimal. The court emphasised that special leave to appeal should only be granted if there is a reasonable possibility that the appeal will succeed.

The court dismissed the application for an extension of time and the application for special leave to appeal. The court found that it would be futile to grant the extension sought by the applicant, as the proposed grounds of appeal did not have sufficient prospects of success. The court emphasised that the grant of special leave to appeal should only be made in cases where there is a reasonable possibility that the appeal will succeed.

Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application. The court's decision was made on 13 March 2019 by M.M Gordon and J.J Edelman.

CaseChat Overview and Summary

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Legal Principle Established