Chandrasekaran, In the matter of an application for leave to issue or file

[2021] HCATrans 79

[2021] HCATrans 079

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S50 of 2021

In the matter of -

an application by SUJATHA CHANDRASEKARAN for leave to issue or file

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 27 APRIL 2021, AT 9.31 AM

Copyright in the High Court of Australia

HER HONOUR:   Matter No S50/2021 is an ex parte application for leave to issue or file an application for a constitutional or other writ. Pursuant to rr 6.07.2 and 25.09.1 of the High Court Rules 2004 (Cth), I direct that the application for leave to issue or file be determined without an oral hearing. The ex parte application for leave to issue or file the application for a constitutional or other writ is refused. I publish those reasons.

In matter No S50/2021, the order of the Court is:  the ex parte application for leave to issue or file the application for a constitutional or other writ is refused.  I publish that order.  I further direct that the reasons as published be incorporated into the transcript.

This is an ex parte application for leave to issue or file an application for a constitutional or other writ. On 7 April 2021, Steward J directed that, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), the application for a constitutional or other writ was not to be issued or filed without the leave of a Justice first had and obtained by the applicant. This is an application for that leave.

I have read the applicant’s affidavit which also effectively contains the applicant’s submissions. The application for a constitutional or other writ lists seven proposed defendants: the Chief, Australian Defence Force; the Commonwealth of Australia; the Medical Council of New South Wales; the New South Wales Civil and Administrative Tribunal; the “Supreme Court of NSW including Court of Appeal”; the Federal Court of Australia and Dr Bruce Boman. The application for a constitutional or other writ does not disclose an arguable basis for relief, is an abuse of the process of the Court and otherwise does not comply with the requirements of Pt 25 of the High Court Rules.

Pursuant to rr 6.07.2 and 25.09.1 of the High Court Rules, I direct that the application for leave to issue or file be determined without an oral hearing.  The ex parte application for leave to issue or file the application for a constitutional or other writ is refused.

AT 9.32 AM THE MATTER WAS CONCLUDED