Davison - Appn for leave to issue proceeding CHH

Case

[1997] HCATrans 232

No judgment structure available for this case.

IN THE HIGH COURT OF AUSTRALIA

Registry

In the matter of -

An application by CLIVE DAVISON for leave to issue a proceeding

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 20 AUGUST 1997, AT 10.16 AM

Copyright in the High Court of Australia

HIS HONOUR:   This matter involves an application by Mr Clive Davison for leave to issue a writ of summons and statement of claim against the Commonwealth and the Administrative Appeals Tribunal.  On 11 July 1997 Chief Justice Brennan gave a direction to the Registrar under Order 58 rule 4(3) of the High Court Rules to refuse to issue the applicant's proposed writ of summons and statment of claim without the leave of a Justice first had and obtained by the applicant.

I refuse leave to issue the writ of summons and statement of claim.  I publish my reasons.

AT 10.17 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Standing

  • Procedural Fairness

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