Gaye Luck v Principal Officer of Victoria Police

Case •

[2014] HCASL 35

GAYE LUCK

v

PRINCIPAL OFFICER OF VICTORIA POLICE & ANOR

[2014] HCASL 35
M106/2013
M107/2013

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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
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