Emson Nyoni v Registrar Pharmaceutical Council of Western Australia

[2013] HCASL 46

EMSON NYONI

v

REGISTRAR PHARMACEUTICAL COUNCIL OF WESTERN AUSTRALIA

[2013] HCASL 46
P1/2013

1. The applicant brought proceedings against the respondent in the Supreme Court of Western Australia alleging that an investigator appointed by the Pharmaceutical Council of Western Australia ("the Council") had committed various wrongs against the applicant in the course of the investigator's inspections of the applicant's pharmacy business.

2. The applicant's pleading and his proceeding were struck out at first instance and his appeal to the Court of Appeal failed.  He now applies, out of time, for special leave to appeal to this Court.

3. We see no reason to doubt the correctness of the conclusion reached in the Court of Appeal that the applicant showed no arguable basis on which the Registrar of the Council could be held responsible for any conduct of the investigator.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. An appeal to this Court would enjoy no prospect of success.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 April 2013 S.M. Crennan