Ezekiel‑Hart v Council Of the Law Society Of the Act & Anor

Case [2023] HCASL 94

EZEKIEL‑HART

v

COUNCIL OF THE LAW SOCIETY OF THE ACT & ANOR

[2023] HCASL 94
C5/2023

  1. The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of the Australian Capital Territory (Berman AJ) which refused the applicant leave to appeal from a decision Supreme Court of the Australian Capital Territory (Kennett J).

  2. The proposed appeal has no prospects of success and raises no question of law nor of general principle. The application should be refused.

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.J. Gageler J.M. Jagot
15 June 2023

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AGLC
Ezekiel‑Hart v Council Of the Law Society Of the Act & Anor [2023] HCASL 94
Case
[2023] HCASL 94
Decision Date

CaseChat Overview and Summary

The applicant in this case, Ezekiel Hart, sought special leave to appeal against a decision made by the Court of Appeal of the Supreme Court of the Australian Capital Territory (Berman AJ), which had refused the applicant leave to appeal from a decision made by the Supreme Court of the Australian Capital Territory (Kennett J). The primary focus of the dispute is the refusal of the Court of Appeal to grant leave for an appeal, which was deemed necessary by the applicant to challenge the original decision.

The legal issues presented to the court involved whether the application for special leave to appeal should be granted, considering the proposed appeal's prospects of success, and whether it raised any questions of law or general principle that warranted the attention of the High Court. The court was tasked with evaluating the merits of the applicant's appeal based on these criteria, as stipulated by the High Court Rules 2004 (Cth).

In its reasoning, the court concluded that the application for special leave to appeal did not have any prospects of success and did not raise any questions of law or general principle that required the High Court's intervention. The court found that the proposed appeal would not result in a different outcome from the decisions already made by the lower courts. Therefore, the application was deemed unsuitable for the High Court's consideration.

As a result, the court decided to refuse the application for special leave to appeal. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draft, sign, and seal an order dismissing the application. This decision was made by Justices Gageler and Jagot on 15 June 2023.

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Background

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Ratio Decidendi

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