Dudzinski, In the matter of an application for leave to issue a proceeding

[2007] HCATrans 247

[2007] HCATrans 247

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B37 of 2003

B e t w e e n -

In the matter of –

an application for leave to issue process by WALDEMAR DUDZINSKI

Application for leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 24 MAY 2007 AT 9.35 AM

Copyright in the High Court of Australia

HAYNE J:   On 30 May 2002, Callinan J directed the Registrar to refuse to issue proceedings tendered for issue by Waldemar Dudzinski, without Mr Dudzinski first obtaining the leave of the Court or a Justice.  The proposed proceedings named two judges of the Federal Court of Australia and a Deputy District Registrar of that Court as intended respondents.

Mr Dudzinski sought leave to issue the proceedings.  On 8 May 2003, McHugh J refused that leave.  Mr Dudzinski now seeks leave to appeal against that refusal.

This application for leave, like the application in Matter B90 of 2002, was listed for hearing in Brisbane on 23 June 2004.  Mr Dudzinski then sought and obtained an adjournment of the application.  The Court directed that he file the whole of his argument in writing and he has done that.

The decision of McHugh J is plainly right.  Leave to appeal should be refused.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish that disposition.

Adjourn the Court.

AT 9.36 AM THE MATTER WAS CONCLUDED