Geoff Barkla v Registrar Linda Joyce Bush

[2015] HCASL 181

GEOFF BARKLA

v

REGISTRAR LINDA JOYCE BUSH

[2015] HCASL 181
P27/2015

1. The applicant attempted to file a writ of summons against the respondent. The writ related to the respondent's refusal to accept for filing an affidavit sworn by the applicant in an appeal pending before the Court of Appeal of the Supreme Court of Western Australia. Another registrar ordered that the writ not be accepted for filing without the leave of a judge having first been obtained pursuant to O 67 r 5 of the Rules of the Supreme Court 1971 (WA).

2. The Supreme Court of Western Australia (McKechnie J) ordered that the application for leave to file the summons be dismissed.  The Court of Appeal (McLure P, Buss and Mazza JJA) dismissed an appeal by the applicant.

3. The applicant now seeks special leave to appeal from the orders of the Court of Appeal. The applicant does not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. The proceedings below involved questions of practice and procedure which were resolved by the application of well-settled principles.  The application raises no question of law which would warrant a grant of special leave to appeal and the draft appeal is bound to fail.  The application is dismissed.

5. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
4 November 2015 S.J. Gageler