GJ v As

[2017] HCASL 138

GJ

v

AS

[2017] HCASL 138
C5/2017

1. This is an application for special leave to appeal from an order of the Court of Appeal of the Supreme Court of the Australian Capital Territory (Refshauge and Rangiah JJ and Walmsley AJ) that the applicant pay the respondent's costs of the applicant's unsuccessful appeal to the Court of Appeal against a judgment of the Supreme Court of the Australian Capital Territory (Penfold J).  Penfold J had ordered that an appeal by the applicant against orders made in the Magistrates Court of the Australian Capital Territory (Magistrate Dingwall) be dismissed.  Magistrate Dingwall had ordered that an application by the applicant for a personal protection order against the respondent be dismissed for lack of prosecution.  An application for special leave to appeal against the Court of Appeal's decision to dismiss the appeal from Penfold J's judgment was dismissed by Kiefel and Keane JJ on 10 December 2015.  

2. As this application is concerned solely with costs, it concerns a matter of practice and procedure in relation to which no question of principle would fall for determination.  Nor are the interests of the proper administration of justice engaged.  There is no reason to doubt the correctness of the judgment of the Court of Appeal. 

3. The applicant's application for leave to file an affidavit in support of her application is refused. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle
15 June 2017 M.M. Gordon