Bird v NSW Council for Civil Liberties Inc

This matter came before the High Court of Australia on an application by Mr G.J. Bird for special leave to appeal and for injunctions. Mr Bird sought to restrain the respondent, the NSW Council for Civil Liberties Inc, from disposing of documents and from winding up the respondent until after an appeal had been determined. The application for special leave to appeal was from a decision of the Court of Appeal which had refused leave to appeal.

The primary legal issue before the High Court was whether special leave to appeal should be granted. Mr Bird contended that the proceedings being appealed were under the Corporations Law, and that if stayed in the Supreme Court for an improper purpose, he could apply for a writ of mandamus in the Federal Court. He argued that as the High Court would ultimately have to consider the question of improper purpose, it would be more convenient to consider it in the appellate jurisdiction rather than the original jurisdiction. A further issue concerned whether the application should be heard by a single Justice in chambers or by a bench of two or more Justices.

Mr Bird argued that where special leave is sought on the basis of public interest, Judges might consult each other, but where it is an "original jurisdiction type matter," it is more straightforward. He suggested that if special leave were granted in the appellate jurisdiction, the respondent might consent to an order for the Court of Appeal to hear the matter. However, the Court noted that the respondent was opposing the application.