Candy v Christensen

[2008] HCATrans 53

[2008] HCATrans 053

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B29 of 2007

B e t w e e n -

COLIN CANDY

Applicant

and

TERRY CHRISTENSEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 FEBRUARY 2008, AT 9.01 AM

Copyright in the High Court of Australia

HAYNE J:   This application arises out of certain events on 30 November 2001, when the respondent and two other officers of the Queensland Parks and Wildlife Service entered the premises of the applicant and removed a swamp wallaby being kept by the applicant without a valid permit.

The applicant seeks special leave to appeal against the order of the Queensland Court of Appeal of 5 April 2007.  By that order, the Court of Appeal dismissed the applicant's appeal against orders of the District Court of Queensland (Robertson DCJ) dismissing a claim by the applicant.  The applicant claimed a sum of damages, including exemplary and aggravated damages, against the respondent for his actions in removing the swamp wallaby.

The application is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.

The applicant's written submissions raise no arguable ground for the grant of special leave.  We see no reason to doubt the correctness of the conclusions reached in the courts below.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish that disposition.

AT 9.02 AM THE MATTER WAS CONCLUDED