Darryl Robert Howlin v Clarence City Council

[2014] HCASL 3

DARRYL ROBERT HOWLIN

v

CLARENCE CITY COUNCIL

[2014] HCASL 3
H2/2013

1. The respondent City Council sought a declaration by the Supreme Court of Tasmania that Marsh Street, Opossum Bay, is not a highway and not maintainable by it under the Local Government (Highways) Act 1982 (Tas).

2. The applicant alleges that Marsh Street is a highway.

3. At first instance, Evans J held that the City Council should have the declaration it sought.  The Full Court of the Supreme Court (Blow CJ, Tennent and Porter JJ) dismissed the applicant's appeal.

4. The applicant now seeks special leave to appeal to this Court. As he does not have legal representation, his application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The decisions at first instance and on appeal to the Full Court turned, in important respects, upon the particular facts and circumstances of the case.  No point of general principle would conveniently fall for consideration if special leave were to be granted.

6. The applicant enjoys insufficient prospects of success to warrant a grant of special leave to appeal.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
12 February 2014 S.M. Crennan