Brian William Shaw v The Attorney-General for the State of Victoria

[2013] HCASL 119

BRIAN WILLIAM SHAW

v

THE ATTORNEY-GENERAL FOR THE STATE OF VICTORIA

[2013] HCASL 119
M26/2013

1. On 17 May 2007, a judge of the Supreme Court of Victoria made an order under s 21 of the Supreme Court Act 1986 (Vic) declaring the applicant to be a vexatious litigant. By summons dated 4 November 2011, the applicant applied to have that order set aside. On 10 August 2012, the Supreme Court of Victoria (Forrest J) dismissed the application on the grounds that there was no change in relevant circumstances since the making of the original order, and that there was a real risk the applicant would continue to engage in the conduct which brought about the original order.

2. By summons dated 28 November 2012, the applicant sought an extension of time to apply for leave to appeal to the Court of Appeal from the decision of Forrest J.  The Court of Appeal (Whelan JA and Vickery AJA) dismissed the summons on the basis that there was no explanation for the delay and that there was no prospect of the applicant obtaining leave to appeal.

3. The applicant seeks special leave to appeal to the High Court. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. No question of principle arises and there is, in any event, no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would have no prospects of success.

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

V.M. Bell
14 August 2013 S.J. Gageler