Croker, An application by

[2006] HCATrans 599

[2006] HCATrans 599

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S98 of 2006

In the matter of –

An application for leave to appeal by CLAYTON ROBERT CROKER against the refusal of leave to issue a proceeding

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 NOVEMBER 2006, AT 9.18 AM

Copyright in the High Court of Australia

HAYNE J:   On 7 December 2005, the applicant sought to issue a writ of summons. On 13 December 2005, Kirby J directed pursuant to r 6.07 of the High Court Rules 2004 that the Registrar of this Court refuse to issue the proceeding without the leave of a Justice.

On 5 January 2006, the applicant sought leave to issue the proceeding.  On 1 March 2006, Heydon J refused that leave, concluding that the proceedings were an abuse of process, frivolous and vexatious.  The applicant now seeks leave to appeal against that decision of Heydon J.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant’s written submissions raise no question of law which warrants consideration by this Court.  There is no reason to doubt the correctness of the decision of Heydon J.

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 9.20 AM THE MATTER WAS CONCLUDED