GJ v As

GJ
v
AS
[2017] HCASL 138
C5/2017

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.
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.
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

CaseChat Overview and Summary

The case of GJvAS involves an application for special leave to appeal from an order of the Court of Appeal of the Supreme Court of the Australian Capital Territory. The applicant, GJ, seeks to challenge the decision of the Court of Appeal that they must pay the respondent's costs of an unsuccessful appeal against a judgment of the Supreme Court. This appeal was in turn against orders made in the Magistrates Court, which dismissed GJ's application for a personal protection order against the respondent for lack of prosecution. The legal issues before the court were whether the Court of Appeal's decision was correct and whether there were grounds to permit the filing of an additional affidavit in support of the application.

The court examined the application for special leave to appeal and the accompanying affidavit, finding no grounds for doubting the correctness of the Court of Appeal's judgment. The court considered that the application related to a matter of practice and procedure rather than a question of principle, and did not engage the interests of the proper administration of justice. The court also noted that the applicant had previously sought to appeal the decision of the Supreme Court, which was dismissed. The application for leave to file an affidavit in support of the current application was also refused, as it did not provide any new information that would alter the outcome of the case.

In light of these findings, the court dismissed the application for special leave to appeal. The court directed the Registrar to prepare an order to this effect, which was signed, sealed, and issued on 15 June 2017. The court found no grounds to permit the appeal, and the order of the Court of Appeal stood. The applicant was therefore required to pay the respondent's costs of the appeal.

The final orders of the court were that the application for special leave to appeal be dismissed and that the Registrar prepare an order to this effect. The court found that there were no grounds to permit the appeal, and the order of the Court of Appeal was upheld. The applicant was therefore required to pay the respondent's costs of the appeal. This decision clarifies the limits of the court's jurisdiction in cases of practice and procedure, and reinforces the importance of the proper administration of justice.

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