Viavattene, In the matter of an application for leave to issue or file [2018] HCATrans 20 (15 February 2018)

Last Updated: 19 February 2018

[2018] HCATrans 020

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Canberra No C2 of 2018

In the matter of -

an application by BEVERLY VIAVATTENE for leave to issue or file

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY,15 FEBRUARY 2018, AT 9.28 AM

Copyright in the High Court of Australia

HIS HONOUR: For the reasons that I now publish, I refuse this application. I instruct that the reasons as published are incorporated into the transcript.

On 19 January 2018, Edelman J directed, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), that the Registrar refuse to issue or file the application for an order to show cause presented for filing by Beverly Viavattene (“the applicant”) without the leave of a Justice first had and obtained by the applicant. On 23 January 2018, the applicant filed an application for leave in this regard.

The material on which the applicant relies in support of the application for leave is difficult to understand. It asserts many grievances involving misconduct on the part of many persons other than the proposed defendant without any coherent statement of how these grievances tend to establish the claim against the defendant. So far as the claim against the proposed defendant is concerned, it is not apparent from the material filed by the applicant that there is a reasonably arguable basis for granting the relief sought against the defendant.

I refuse leave to allow the applicant to issue or file the application for an order to show cause.

The Court will now adjourn until 9.40 am.

AT 9.29 AM THE MATTER WAS CONCLUDED