Dickson v Commissioner Of the Australian Federal Police

[2018] HCASL 5

DICKSON

v

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

[2018] HCASL 5
S233/2017

1. The applicant seeks removal to this Court pursuant to s 40 of the Judiciary Act 1903 (Cth) part of a proceeding which stands reserved for judgment in the Court of Appeal of the Supreme Court of New South Wales.

2. To the extent that the application identifies constitutional issues that were not in issue before the Court of Appeal, it cannot be regarded as part of the cause pending in the Court of Appeal for the purposes of s 40. Nor does the application identify any basis to justify interference with the ordinary appellate process. To the contrary, by granting removal, this Court would be deprived of the benefit of the reasoning of the Court of Appeal.

3. In the circumstances, including the interests of the parties and the public interest, the Court is not persuaded that it is appropriate to make the order sought.

4. Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

G.A.A. Nettle
7 February 2018 M.M. Gordon