Fitzpatrick v Kidney

Case

[2006] HCATrans 500

No judgment structure available for this case.

[2006] HCATrans 500

IN THE HIGH COURT OF AUSTRALIA

Registry  No C4 of 2006

B e t w e e n -

RAYMOND ARTHUR FITZPATRICK

Applicant

and

MR TONY KIDNEY

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 SEPTEMBER 2006, AT 9.02 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of Crispin P of the Court of Appeal of the Supreme Court of the Australian Capital Territory.  By those orders, Crispin P refused the applicant leave to appeal out of time against, first, an order of a Master of the Supreme Court refusing the applicant leave to appeal against a decision of the Small Claims Court, requiring him to pay $10 conduct money to each of three persons to whom subpoenas had been issued and $135 to a fourth person in respect of witness expenses and, second, the refusal by a single judge (Connolly J) of a stay of proceedings on the Master’s order.

Because the applicant is unrepresented, the application for special leave to appeal to this Court falls to be dealt with under r 41.10 of the High Court Rules 2004.

There is no reason to doubt the correctness of the decision of Crispin P.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.03 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

  • Negligence & Tort

Legal Concepts

  • Appeal

  • Causation

  • Damages

  • Duty of Care

  • Negligence

  • Reliance

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