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

[2021] HCATrans 78

[2021] HCATrans 078

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S46 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 9.30 AM

Copyright in the High Court of Australia

HER HONOUR:   Matter No S46/2021 is an ex parte application for leave to issue or file an application for an order under s 40 of the Judiciary Act 1903 (Cth) removing a cause now pending in the Supreme Court of New South Wales, namely 2020/358169, into this Court. Pursuant to rr 6.07.2 and 13.03.1 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 is refused. I publish those reasons.

In matter No S46/2021, the order of the Court is: the ex parte application for leave to issue or file the application for an order under s 40 of the Judiciary Act 1903 (Cth) removing a cause now pending in the Supreme Court of New South Wales, namely 2020/358169, commenced by the applicant, Sujatha Chandrasekaran, against the Chief, Australian Defence Force, Dr Bruce Boman and the Commonwealth of Australia, into this Court, 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 an order under s 40 of the Judiciary Act 1903 (Cth) removing a cause now pending in the Supreme Court of New South Wales, namely 2020/358169 commenced by the applicant, Sujatha Chandrasekaran, against the Chief, Australian Defence Force, Dr Bruce Boman and the Commonwealth of Australia (“the 2020 NSW Supreme Court Proceeding”). On 30 March 2021, Gageler J directed that, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), the application for removal 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 and the exhibit annexed to it, which also effectively includes the applicant’s submissions.  The applicant seeks to have removed into this Court the 2020 NSW Supreme Court Proceeding on varied grounds which are unsubstantiated and scandalous, frivolous or vexatious.  The removal application does not identify any sufficient cause for the removal of the 2020 NSW Supreme Court Proceeding into this Court.

Pursuant to rr 6.07.2 and 13.03.1 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 an order under s 40 of the Judiciary Act removing the 2020 NSW Supreme Court Proceeding into this Court is refused.

AT 9.31 AM THE MATTER WAS CONCLUDED