Ascic, In the matter of an application for leave to issue a proceeding

This matter concerned an application by Ana Ascic to the High Court of Australia for leave to issue an application for special leave to appeal. The proposed appeal sought to challenge a decision of the Court of Appeal of the Supreme Court of Western Australia, which had dismissed Ms. Ascic's application for leave to file an appeal notice. Ms. Ascic had been convicted of careless driving in the Armidale Magistrates Court in 2012, and her subsequent attempts to appeal that conviction through various courts had been unsuccessful.

The legal issue before the High Court was whether Ms. Ascic should be granted leave to issue her application for special leave to appeal. This required the Court to consider the merits of the proposed appeal and whether it raised any arguable grounds. The Court also had to determine if the proposed application was vexatious or oppressive, given the extensive history of litigation and prior refusals of appeals and special leave applications.

Her Honour observed that Ms. Ascic's proposed grounds of appeal were largely unintelligible and appeared to be a recitation of the procedural history from her perspective. The Court of Appeal's decision, which Ms. Ascic sought to appeal, was described as comprehensive and obviously correct. Considering the prior dismissals of appeals and special leave applications by the Court of Appeal and the High Court, and the lack of any arguable grounds in the proposed appeal, Her Honour concluded that the application to issue the special leave application would be vexatious and oppressive.

Accordingly, the application for leave to issue the application for special leave to appeal was refused.