El'Mansy v Rankin [2005] HCATrans 349 (26 May 2005)

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El'Mansy v Rankin [2005] HCATrans 349 (26 May 2005)

Last Updated: 3 June 2005

[2005] HCATrans 349

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B69 of 2004

B e t w e e n -

ESSAM EL’MANSY

Applicant

and

RICHARD BATTERSBY RANKIN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 1.44 PM

Copyright in the High Court of Australia

HAYNE J: This is an application for special leave to appeal from a decision of the Court of Appeal of Queensland. The applicant was convicted after a trial in the Magistrates Court of Queensland of the offence of speeding and ordered to pay a fine and costs. An appeal by him to the District Court on the ground that the conviction was unsafe and unsatisfactory, and contrary to law was dismissed. He then sought leave to appeal to the Court of Appeal. That application was dismissed on the ground that any appeal to that Court would be futile, and that there was no proper basis for the reception of further evidence by it which he sought to tender. The Court of Appeal concluded that neither the Magistrate nor the District Court had erred and that his application for leave (which was necessary if he were to pursue an appeal) should be dismissed.

There is no reason to doubt the correctness of the decision of the Court of Appeal, and accordingly the application must be dismissed.

Because the applicant is unrepresented, this application for special leave falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish that disposition.

AT 1.45 PM THE MATTER WAS CONCLUDED