Brett Anthony Collins v Attorney General in and for the State of New South Wales

[2013] HCASL 202

BRETT ANTHONY COLLINS

v

ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES

[2013] HCASL 202
S153/2013

1. In 2010, the applicant was the primary carer to a forensic patient ("A") detained under the Mental Health (Forensic Provisions) Act 1990 (NSW) and A's tutor for the purposes of proceedings in the Supreme Court of New South Wales. The proceedings were the hearing of A's application for leave to appeal against a determination of the Mental Health Review Tribunal on a review of arrangements for A's care, treatment and detention.

2. On 23 November 2010, the Supreme Court (Johnson J) allowed the applicant to carry on the proceedings without a solicitor.  On 26 November 2010, Johnson J dismissed the application with costs, ordering that those costs could be recovered from the applicant.

3. In 2013, the applicant applied for an extension of time to file a summons for leave to appeal the costs order.  On 9 July 2013, the Court of Appeal dismissed the application with costs.  McColl JA, with whom Gleeson JA agreed, held that the applicant's delay in filing the application was egregious and that his explanation for the delay was unsatisfactory.  Her Honour held that, in any event, the applicant did not have a fairly arguable case which would justify the grant of leave.

4. The application for special leave to appeal to this Court seeks to press the same complaints advanced below.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 December 2013 P.A. Keane