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

This matter concerned an ex parte application by Sujatha Chandrasekaran to the High Court of Australia for leave to issue or file an application seeking an order under section 40 of the Judiciary Act 1903 (Cth). The purpose of the proposed application was to remove a part of a cause pending in the Supreme Court of New South Wales, specifically proceeding number 2018/177874, into the High Court. The Supreme Court proceeding involved the applicant and respondents Western Sydney Local Health District and Charterhouse Medical Pty Ltd.

The legal issue before the High Court was whether to grant leave for the applicant to issue or file an application for the removal of a part of the New South Wales Supreme Court proceeding. This required the Court to consider the merits of the proposed removal application, particularly whether it identified sufficient cause for such removal. The applicant sought to remove a dismissed application to re-open the trial of the Supreme Court proceeding to adduce new evidence, noting that the trial judge's decision in the original proceeding was still reserved.

The Court, applying rules 6.07.2 and 13.03.1 of the High Court Rules 2004 (Cth), determined that the application for leave should be decided without an oral hearing. After reviewing the applicant's affidavit and annexed material, the Court found that the removal application did not identify any sufficient cause for the removal of part of the Supreme Court proceeding into the High Court. Consequently, the ex parte application for leave to issue or file was refused.