Bhattacharya v State of NSW & Anor

[2005] HCATrans 741

[2005] HCATrans 741

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  Nos S560 and S561 of 2003

B e t w e e n -

PRANAY KUMAR BHATTACHARYA

Applicant

and

STATE OF NEW SOUTH WALES

First Respondent

ST VINCENTS HOSPITAL SYDNEY LIMITED

Second Respondent

Applications for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 SEPTEMBER 2005, AT 9.31 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant brought proceedings in the Supreme Court of New South Wales against the present respondents claiming damages for false imprisonment.  At trial, his claim against the State of New South Wales succeeded and he was awarded $15,000 damages.  His claim for aggravated exemplary damages failed.  His claim against the second respondent, St Vincents Hospital Sydney Limited, failed.

The applicant sought to appeal to the Court of Appeal of New South Wales against these orders.  In that Court he first filed a notice of appeal and later an application for leave to appeal.  The application for leave was dismissed by orders of the Court of Appeal made on 14 October 2003.  On 16 February 2004, a Registrar of the Court of Appeal ordered that the appeal which the applicant had instituted be dismissed as incompetent.  On 6 August 2004, Ipp JA dismissed the applicant’s application for an extension of time within which to challenge the decision of the Registrar and, in effect, reinstate the applicant’s appeal.

The applicant now makes two separate applications for special leave to appeal but each is directed to the dismissal of his application for leave to appeal to the Court of Appeal.

There is no reason to doubt the correctness of the conclusion reached in the Court of Appeal that an appeal against the orders made at trial would fail.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing each application with costs.  I publish that disposition.

AT 9.32 AM THE MATTERS WERE CONCLUDED