Brian William Shaw v G Fragapane Nominees Pty Ltd

[2012] HCASL 125

BRIAN WILLIAM SHAW

v

G FRAGAPANE NOMINEES PTY LTD & ORS

[2012] HCASL 125
M36/2012

1. On 21 September 2007, pursuant to r 23.01 of the Supreme Court (General Civil Procedure) Rules 2005, Master Daly of the Supreme Court of Victoria ordered a stay on the applicant's proceeding on the ground that it was frivolous and vexatious. The applicant subsequently appealed the decision and on 11 October 2007, Kaye J dismissed the appeal. His Honour held that the proceedings were an abuse of process and that the applicant was "intent on pursuing, under the umbrella of this action, claims and allegations which simply are not known to our civil law".

2. On 9 March 2012, the Court of Appeal of the Supreme Court of Victoria (Nettle and Hansen JJA) rejected the applicant's contention that their Honours should both recuse themselves on the ground of bias or the apprehension of bias.  Further, it held that there had been an inordinate and inexcusable delay of more than four years in bringing the appeal before the Court.  The Court dismissed the appeal for want of prosecution.

3. The applicant seeks special leave to appeal to this Court to re‑agitate in this Court the arguments that were made before the Courts below.  The applicant does not address the decision of the Court of Appeal.  There are no prospects of the applicant demonstrating error in the decision of the Court of Appeal  Special leave is refused.

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

W.M.C. Gummow
15 August 2012 S.M. Kiefel