Gaye Luck v University of Southern Queensland

GAYE LUCK
v
UNIVERSITY OF SOUTHERN QUEENSLAND & ANOR
[2014] HCASL 34
M105/2013

On 11 December 2009, the applicant sought to file an application for an order to remove into this Court a cause pending in the Federal Court of Australia. On 3 May 2013, the application was deemed abandoned as a result of the applicant's failure to file a summary of argument pursuant to rr 26.06 and 41.13 of the High Court Rules 2004.
On 16 July 2013, the applicant filed a summons seeking the reinstatement of the application and an extension of time to file a summary of argument. She did not appear at the hearing of the summons before a single Justice of this Court (Gageler J) on 5 August 2013. Gageler J refused to adjourn the application. His Honour held that the application for removal would have no prospects of success and that reinstatement would be futile. Gageler J dismissed the summons.
The applicant seeks leave to appeal to this Court from 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.
It appears that the proceedings sought to be removed into this Court have now been dismissed. Gageler J's decision is clearly correct. An appeal to this Court 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, Gaye Luck, sought to appeal against a decision of Gageler J, who had dismissed her summons for the reinstatement of an application that had been deemed abandoned due to her failure to file a summary of argument. The application in question was an attempt to remove a cause from the Federal Court to the High Court. The matter was heard by a panel of the High Court, comprising Kiefel, Keane, Bell, and Nettle JJ. The primary issue before the Court was whether to grant leave for Ms Luck to appeal against the dismissal of her summons by Gageler J.

The Court considered the merits of the appeal and found that the decision of Gageler J was clearly correct. The appeal would have no prospects of success, as the application for removal had been dismissed due to its futility. The Court was also mindful that the proceedings sought to be removed had now been dismissed, and there was no reason to postpone the decision in this case. As a result, the application for leave to appeal was refused.

The Court held that the interests of justice did not require a postponement of the decision, and accordingly, dismissed the application. Pursuant to rule 41.10.5 of the High Court Rules 2004, the Registrar was directed to draw up, sign, and seal an order dismissing the application. This decision effectively brings an end to Ms Luck's attempt to appeal the dismissal of her summons by Gageler J.

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