Flowers, In the matter of an application for leave to issue or file

The applicant, Mark Stephen Flowers, sought leave from the High Court of Australia to issue or file an application for a writ of mandamus. The proposed writ sought to compel the Chief Justice of the Supreme Court of New South Wales to issue a default judgment against the State of New South Wales in a matter previously filed in that court, and to order the State to pay the relief claimed and additional costs. This application followed a direction by Gleeson J that the Registrar refuse to issue or file Mr Flowers' purported application for a writ of mandamus without the leave of a Justice.

The legal issues before the High Court were whether Mr Flowers should be granted leave to issue or file his application for a writ of mandamus. This involved considering the substance of his proposed application, which appeared to allege that the State of New South Wales was in default for failing to file a defence within the prescribed time, and that the Chief Justice of New South Wales should be compelled to act accordingly. Mr Flowers also raised arguments concerning the independence of the judiciary and the High Court's own discretion, suggesting the Court was an agent of the Crown and that the matter should be tried by a jury.

The Court refused the application for leave to issue or file. It reasoned that, even when construing Mr Flowers' submissions and affidavit material as generously as possible, his proposed application was manifestly hopeless and incapable of legal argument. The Court acknowledged Mr Flowers' strong sense of grievance and the difficulties faced by unrepresented litigants in translating their grievances into legal claims, but found that these circumstances did not overcome the fundamental deficiencies in his proposed application.

Consequently, the application for leave to issue or file was refused without being listed for hearing, and the application was dismissed.