Francis Thomas McDonald & Anor v The State of South Australia

[2015] HCASL 118

FRANCIS THOMAS MCDONALD & ANOR

v

THE STATE OF SOUTH AUSTRALIA

[2015] HCASL 118
A4/2015

1. This is an application for special leave to appeal from the order of the Full Court of the Supreme Court of South Australia (Gray, Sulan and Nicholson JJ) refusing the applicants permission to appeal from the order of the Supreme Court of South Australia (Bampton J) refusing to extend time within which to apply for permission to appeal from the order of the District Court of South Australia (Judge Tilmouth) dismissing an appeal from the decision of a Master of the District Court (Master Blumberg).  The Master refused to substitute the Minister for Education as the defendant to the proceedings because there was no utility in making that order. 

2. The applicants do not have legal representation and their application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. The Full Court's refusal of permission to appeal on this question of practice and procedure was plainly correct.  An appeal to this Court would have no prospect of success.

4. The application is dismissed.

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

V.M. Bell
13 August 2015 S.J. Gageler