Gaye Luck v Principal Officer of Victoria Police

GAYE LUCK
v
PRINCIPAL OFFICER OF VICTORIA POLICE & ANOR
[2014] HCASL 35
M106/2013
M107/2013

On 14 June 2013 the applicant filed in this Court applications for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria concerning two freedom of information requests she had made of the Victoria Police. On account of the applicant's failure to file a written case in respect of each matter by the time required by r 41.10.3(c) of the High Court Rules 2004, each application for special leave to appeal was taken to be abandoned by operation of r 41.10.4.1.
On 16 July 2013 the applicant filed summonses seeking, in substance, orders to reinstate each abandoned application. On 5 August 2013, following a hearing at which the applicant failed to appear, Gageler J dismissed both summonses on the ground that neither application for special leave to appeal disclosed any prospects of success, rendering the reinstatement of each application futile. His Honour was not satisfied that the hearing should be adjourned as the applicant had sought.
The applicant applies to this Court for leave to appeal against the decision of Gageler J. She has filed a summons seeking leave to file an amended draft notice of appeal and written case.
It has been brought to our attention that the applicant sought an extension of time and foreshadowed the filing of further submissions. That request has not been acceded to. We do not consider that the interests of justice require a postponement of the decision in this case, particularly given the view we have formed of the matter.
The application must be refused. The decision of Gageler J concerned a matter of practice and procedure and the application of settled principle. An appeal against His Honour's decision would enjoy no prospects of success. Leave is refused.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
6 March 2014 P.A. Keane

CaseChat Overview and Summary

The applicant in this case, Gaye Luck, filed an application for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria. The decision in question related to two freedom of information requests Luck had made to the Victoria Police. The applications for special leave to appeal were abandoned due to Luck's failure to file a written case by the required time. Luck subsequently filed summonses seeking orders to reinstate the abandoned applications, but these were dismissed by Gageler J on the basis that neither application had any prospects of success. Luck now applies to the High Court for leave to appeal against Gageler J's decision.

The legal issues before the High Court were whether the dismissal of the applications for special leave to appeal was correct and whether leave to appeal should be granted. The Court was required to determine if the applications had any prospects of success and whether the interests of justice required a postponement of the decision. The Court also had to consider if the decision in question involved settled principles of practice and procedure.

The High Court found that the decision of Gageler J was correct and that there were no prospects of success in an appeal against the decision. The Court considered that the decision concerned settled principles of practice and procedure and was therefore unlikely to succeed on appeal. The High Court also found that the interests of justice did not require a postponement of the decision. Consequently, the application for leave to appeal was refused, and the decision of Gageler J was upheld.

The Court issued an order dismissing the application for leave to appeal and directed the Registrar to draw up, sign, and seal the order. This effectively concludes the matter before the High Court, with the decision of Gageler J remaining in place.

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