Austin v Dwyer & Anor Austin v Dobbs
[2022] HCASL 65
AUSTIN
v
DWYER & ANOR
AUSTIN
v
DOBBS & ORS
[2022] HCASL 65
M81/2021
M82/2021
The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Beach and Sifris JJA) on two bases in two separate applications.
In M81/2021, the applicant seeks special leave to appeal that part of the Court of Appeal's decision refusing leave to appeal from orders made by the Supreme Court of Victoria (Forbes J) on 10 February 2020. Forbes J had dismissed the applicant's application for judicial review of, among other things, the decision of the Magistrates' Court of Victoria (Magistrate O'Callaghan) to grant an interim intervention order on the application of the first respondent pursuant to the Personal Safety Intervention Orders Act 2010 (Vic).
In M82/2021, the applicant seeks special leave to appeal that part of the Court of Appeal's decision dismissing the applicant's application for judicial review of an order made by the County Court of Victoria (Judge Pillay) on 25 October 2019 and dismissing the applicant's appeal from orders made by a Judicial Registrar joining the third respondent to the judicial review proceedings. Judge Pillay had struck out the applicant's appeal from the orders made by the Magistrates' Court of Victoria (Magistrate O'Callaghan) to revoke a separate intervention order that had previously been made on the application of the first respondent.
There is no reason to doubt the correctness of the decision of the Court of Appeal in respect of either application for special leave to appeal. Neither application raises any question of principle which it would be in the interests of justice for this Court to consider. Neither application has any prospect of success. Special leave should be refused.
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 applications.
M.M. Gordon S.H.P. Steward 7 April 2022
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