Dudzinski, In the Matter of an Application for leave to issue a proceeding

Case

[2007] HCATrans 246

24 May 2007

No judgment structure available for this case.

[2007] HCATrans 246

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B90 of 2002

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 9.34 AM

Copyright in the High Court of Australia

HAYNE J:   On 24 March 2000, Gummow 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 four judges of the Federal Court of Australia as intended respondents.

Mr Dudzinski sought leave to issue the proceedings.  On 3 October 2002, Gleeson CJ refused that leave.  Mr Dudzinski now seeks leave to appeal against that refusal.

The application for leave 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.  That material has been taken into account.

The decision of Gleeson CJ 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.

AT 9.35 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Abuse of Process

  • Judicial Review

  • Jurisdiction

  • Standing

  • Stay of Proceedings

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