Davison - Appn for leave to issue process

[1997] HCATrans 260

IN THE HIGH COURT OF AUSTRALIA

Registry  No C7 of 1997

In the matter of -

An application by CLIVE DAVISON for leave to issue a proceeding

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 22 SEPTEMBER 1997, AT 9.33 AM

Copyright in the High Court of Australia

GAUDRON J:   This matter involves an application for leave to issue a writ of summons and statement of claim against the Commonwealth of Australia and the Administrative Appeals Tribunal. 

On 26 August of this year Justice Gummow gave a direction to the Registrar under Order 58 rule 4(3) of the High Court Rules to refuse to issue the applicant’s writ of summons and statement of claim without the leave of a Justice first had and obtained.

I grant leave to issue the writ of summons and statement of claim subject to the following conditions:

1.That the Australian Capital Territory be joined as a party to the proceedings; and

2.That the status of the Administrative Appeals Tribunal as a party to the proceedings be clarified.

I publish my reasons.

AT 9.34 AM THE MATTER WAS CONCLUDED