Gallo v The Honourable Justice Dawson

This matter came before the High Court of Australia concerning an application by Mrs K. Gallo for an extension of time to appeal. The defendant, the Honourable Justice Dawson, was represented by counsel. The core of the dispute involved Mrs Gallo's claim against Justice Dawson for alleged failure in his duty as a Justice of the Court, specifically relating to a special leave application hearing on 24 May 1985.

The legal issues before the Court included whether the previous order striking out Mrs Gallo's action constituted a final judgment, and consequently, whether the time limit for filing an appeal had expired. The Court was also required to consider the principles governing applications for extensions of time to appeal.

The Court's reasoning, as presented by counsel for the defendant, relied on the established principle of judicial immunity, which provides absolute immunity for judges acting in their judicial capacity. Justice Wilson, in striking out the original writ, had found this immunity to be of long-standing and universal acceptance, and further noted no justification for apprehension of bias. The dismissal of the action with costs was argued to be a final determination of the parties' rights, thus characterising the judgment as final. This finality meant that the time for appeal, ordinarily 21 days, had expired in November 1988.

Consequently, Mrs Gallo was required to apply for an extension of time under Order 60 rule 6 of the Rules of Court. The application for an extension of time was being heard.