Fuller v Min for Primary Industries and Anor

[1998] HCATrans 288

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  Nos P50 of 1997 and P14 of 1998

B e t w e e n -

DONALD FULLER

Applicant

and

MINISTER FOR PRIMARY INDUSTRIES AND ENERGY

First Respondent

NATIONAL REGISTRATION AUTHORITY

Second Respondent

Applications for special leave to appeal

GLEESON CJ
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON THURSDAY, 13 AUGUST 1998, AT 2.41 PM

Copyright in the High Court of Australia

GLEESON CJ:   In this matter the Court has been notified that the parties do not desire to present oral argument.  The applicant seeks special leave to appeal from orders of the Full Court of the Federal Court of Australia that, first, refused leave to appeal from two orders of Justice French, namely, an order refusing an application for extension of the time within which to apply for an order of review of certain decisions and an order refusing an application for interlocutory relief and, second, struck out as incompetent an appeal that had been instituted against the refusal of an extension time.

The Full Court held that the decisions of the primary judge were plainly right.  Notwithstanding the matters urged by the applicant in his extensive written submissions, we are of the view that the primary judge was right to refuse an extension of the time for bringing the application for an order of review.  That being so, it is not necessary to consider the correctness of the decision made by the Full Court about the need for leave to appeal.  If the applicant had a right to appeal, the appeal would fail.

Because the extension of time was rightly refused, no interlocutory relief could be given by the primary judge who was, therefore, right to refuse that application.  Special leave to appeal is refused.  The applicant is to pay the costs of the respondents.

AT 2.43 PM THE MATTER WAS CONCLUDED