Quach, In the matter of an application for leave to issue a proceeding [2016] HCATrans 104 (9 May 2016)

Last Updated: 11 May 2016

[2016] HCATrans 104

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S78 of 2016

No S79 of 2016

In the matter of -

an application by MICHAEL VAN THANH QUACH for leave to issue a proceeding

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 9 MAY 2016, AT 4.24 PM

Copyright in the High Court of Australia

HIS HONOUR: On 13 August 2015, the High Court, constituted by Bell and Gageler JJ, dismissed two applications for special leave to appeal from the judgment and orders of the Court of Appeal of the Supreme Court of New South Wales constituted by Basten and Ward JJA and Sackville AJA given on 24 March 2015 in proceedings 2015/48269 and 2015/67618 (“the Court of Appeal judgment”).

Subsequently the applicant sought to file two further applications for special leave to appeal from the Court of Appeal judgment (“the second applications”). But, on 7 March 2016, however, Gordon J directed the Registrar, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), to refuse to issue or file the second applications. The applicant now seeks leave, pursuant to rr 6.07.2 and 6.07.3 of the Rules, for the Registrar to issue or file the second applications.

The second applications for special leave to appeal are, ex facie, frivolous, vexatious and outside the jurisdiction of the Court. Accordingly, the applications for leave are refused.

AT 4.26 PM THE MATTERS WERE CONCLUDED