Wang v State of New South Wales

Case [2020] HCASL 266

WANG

v

STATE OF NEW SOUTH WALES & ANOR

[2020] HCASL 266
S172/2020

  1. The applicant requires an extension of time within which to file an application for special leave to appeal from decisions of the Court of Appeal of the Supreme Court of New South Wales. There is no reason to doubt the correctness of the decisions of the Court of Appeal. Hence, it would be futile to grant the extension of time that is sought. Special leave to appeal should be refused.

  2. 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.

V.M. Bell S.J. Gageler
10 December 2020
Details
AGLC
Wang v State of New South Wales [2020] HCASL 266
Case
[2020] HCASL 266
Decision Date

CaseChat Overview and Summary

The case of Wang v State of New South Wales involves an application for an extension of time to file an application for special leave to appeal against decisions of the Court of Appeal of the Supreme Court of New South Wales. The applicant seeks to appeal from these decisions, which have been reviewed and affirmed by the Court of Appeal, and the correctness of which is not in doubt. The application for special leave to appeal was brought before the High Court of Australia.

The primary legal issue before the court was whether it should grant the applicant an extension of time to file the application for special leave to appeal. The court had to consider the merits of the applicant's case, the correctness of the decisions of the Court of Appeal, and the futility of granting the extension in light of these factors. The court's decision also involved the interpretation of r 41.08.1 of the High Court Rules 2004 (Cth) in relation to the procedure for applying for special leave to appeal.

The court considered that there was no valid reason to doubt the correctness of the decisions of the Court of Appeal. It found that it would be futile to grant the extension of time sought by the applicant, as there was no reasonable prospect of success in the appeal. Therefore, the court concluded that special leave to appeal should be refused. The court also noted that pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), it was required to direct the Registrar to draw up, sign and seal an order dismissing the application.

The court dismissed the application for an extension of time to file an application for special leave to appeal, and the Registrar was directed to draw up, sign and seal an order to that effect. The applicant's appeal against the decisions of the Court of Appeal was therefore not pursued further.

Orders

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Background

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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