Burke v Bohines Pty Ltd

The matter before the High Court of Australia concerned an application by Mr. Burke against Bohines Pty Ltd and the District Court of Adelaide. Mr. Burke sought an order directing the Deputy Registrar to list his application for special leave to appeal and sought consideration of a claim for damages.

The primary legal issues before the Court were the jurisdiction of the High Court to hear the matter, the existence of the tort of misfeasance in public office, and the independent discretion of the Deputy Registrar. Mr. Burke was also required to formulate precisely what he alleged the Deputy Registrar had done to make her liable in damages for any tort, and to identify the material supporting these allegations.

The Court indicated that Mr. Burke needed to identify specific actions of the Deputy Registrar that he alleged constituted a tort and caused him damage, rather than focusing solely on the legal principles. Mr. Burke indicated he would argue the matter was actionable per se, potentially supporting claims for aggravated or exemplary damages, and asserted the Deputy Registrar had acted not in good faith, causing him harassment and requiring him to expend significant effort and time. The Court noted that the listing of the special leave application was a matter for the Full Court, and any application for adjournment would be considered when that matter was heard.