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IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Adelaide No Al6 of 1992 B e t w e e n -
PHILIP DAMIAN BURKE
Applicant
and
YURILLA S.A. PTY LTD; THE
CORPORATION OF THE CITY OFMITCHAM; D.R. & S.L. DOBIE;
W. & M.E. ADCOCK; W. & J.M.
DIGBY; V.J. PHILP; R.G. & J.A.
CHILDS; A. & A.W. MAROS;
J.A. & J.M. JENKINS; J. & A.
ARCHONDAKIS and N.L. FAZZALARI
Respondents
Application for special leave
to appeal
| Burke | 1 | 26/8/93 |
DAWSON J TOOHEY J McHUGH J
TRANSCRIPT OF PROCEEDINGS
FROM ADELAIDE BY VIDEO LINK TO CANBERRA
ON THURSDAY, 26 AUGUST 1993, AT 12.19 PM
Copyright in the High Court of Australia
| DAWSON J: | Mr Burke, you appear in person, do you? |
| MR P.O. BURKE: | Yes, Your Honour. | Of course, in the first |
place I seek leave to make that presentation.
DAWSON J: In seeking leave, you may put the arguments that
you want to put on the matter of substance.
| DR R.J. BAXTER: | May it please the Court, I appear for the |
respondents. (instructed by Finlaysons)
DAWSON J: Yes, Mr Burke.
| MR BURKE: | So as I understand Your Honour, you will |
reserve -
| DAWSON J: | You are seeking leave to appear in person but, in |
seeking leave, you can tell us what the arguments
are that you want to put on the matter of
substance. You need an extension of time, do you?
| MR BURKE: | I also need an extension of time, Your Honour. |
| DAWSON J: | Very well. You can address all those matters. |
| MR BURKE: | As far as the extension of time is concerned, the point has been made in the outline of the |
| forward why this matter should be distinguished or | |
| put behind the other matters. | |
| DAWSON J: | Perhaps we could ask the other side. Mr Baxter, |
do you oppose an extension of time?
| MR BAXTER: | We do, Your Honour. |
| MR BURKE: | The reason for that is that knowing that I could |
not put on the application in time I inquired and
for reasons which I think I understand, I was told
that the Registry could not accept an application
for an extension of time, there being no
originating document. The reason why that had to take second place was because nobody is paying me
to act for myself in this matter. I was forced into acting for myself, as the affidavit, which is
the first item in this small additional book, sets out. Over a period of·years my problems in trying
to obtain legal representation went over a number
of years and then my efforts with a number of firms
of solicitors and my efforts to remedy that are
also outlined in that affidavit, which is pages 1
to 11 of that additional book.
| McHUGH J: | It is a very long period of time, Mr ·Burke. |
| MR BURKE: | Yes, Your Honour. |
| Burke | 2 | 26/8/93 |
McHUGH J: It is almost a year.
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- Case
- [1993] HCATrans 245
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether to grant Mr Burke an extension of time to file his application for special leave and, in conjunction with that, whether to grant him leave to appear in person. Mr Burke also indicated that he wished to argue the substantive grounds of his intended appeal, which concerned a restrictive covenant forming part of a building scheme.
Mr Burke sought an extension of time due to difficulties in obtaining legal representation and the fact that he was acting in person without remuneration. He explained that he had been involved in continuous legal proceedings for over eight years, which had prevented him from attending to this matter sooner. The respondents opposed the extension of time.
The Court considered Mr Burke's submissions regarding his need for an extension of time and his request to appear in person. The transcript indicates that the Court was in the process of hearing arguments on these preliminary matters.
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Background
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Decision
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Legal Principle Established
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