Gradara, An application by

[1992] HCATrans 203

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne

An application by

MR T. GRADARA for leave to issue process

DAWSON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

Gradara 1 30/6/92

AT MELBOURNE ON TUESDAY, 30 JUNE 1992, AT 12.01 PM

Copyright in the High Court of Australia

HIS HONOUR:  You are Mr Gradara, are you, and you appear in

person?

MR T. GRADARA:	Yes.
HIS HONOUR:	Mr Gradara, do you have difficulty with the

English language?

MR GRADARA:  No, not really. Sometimes I do not understand

because I am - - -

HIS HONOUR:  You have an interpreter there?

MR GRADARA: Yes. Is not a matter of interpreter; is

matter that if I grasp your words, because I am

industrial deafness and I miss something ..... miss

words.

HIS HONOUR:  Very well.

MR GRADARA: If I do not understand, I will ask her.

HIS HONOUR:  I think it is perhaps better if you do

translate.

THE INTERPRETER:  I do not think he wants me to though,

Your Honour. He has already told me that he would

rather that I sat down and that he called me only

if he needed me.

HIS HONOUR:  Very well. In this matter, Mr Gradara, there

is a document which you wish the Court to issue.

MR GRAOARA:	Yes.
HIS HONOUR:	You are aware that I endorsed on that document

a direction that it not be issued without the leave

of a justice first had and obtained. You are now

applying, as I understand it, for leave to issue

that document, is that right?

MR GRADARA: Yes, I just want - that is why I am here.

HIS HONOUR:  Yes, exactly. The rule of the Court under

which I gave that direction is Order 58 rule 4(3)
which says that:

If the writ, process or commission appears to a Registrar on its face to be an abuse of the process of the Court or a frivolous or

vexatious proceeding, the Registrar shall seek

the direction of a Justice who may direct him
to issue it or to refuse to issue it without

the leave of a Justice first had and obtained

by the party seeking to issue it.

Gradara 2 30/6/92

I made a direction under that rule and you are now

applying for leave. It seemed to me that the

document is not a proper proceeding and may be

characterized as vexatious, and it is that to which

you must direct your submissions.

MR GRADARA:  Yes, Your Honour. For me perjury, to

understand perjury, what it is, is something that

either you know and you deliberately lie.

HIS HONOUR:	Just so I am quite clear before you go on, that is the document you are asking me to issue?
MR GRADARA:	Yes, it is exactly the same as this one. Yes,

that is what I want to discuss with you. Perjury

is something that you deliberately do. You know

the truth and you do not tell it, you tell a lie,

but I do not know how happen.	How can possible
tell lie?	I want to show you some documentation.
When I wake up in the hospital ..... sister.	I do
not know but I found out just recently, and
together with this report also.	When I went to the

Accident Commissions Board, I say that I did not

cross any street. I say just ..... the car but I

also write in that I do not know nothing about an

accident. As the last words here write down, I do

not remember nothing.

HIS HONOUR:  What do you direct my attention to on that

document?

MR GRADARA: Just the last words there I write down.

HIS HONOUR: "I went from the footpath" -

MR GRADARA:  No, down just the last words there I write

down.

HIS HONOUR:  "No car was coming from both sides. I woke up

in hospital. I don't remember nothing." Yes, I

see.

MR GRADARA:  That is right. So you got two documents from

the hospital and the Accident Commission.

HIS HONOUR:	I have three documents.
MR GRADARA:	When I went to my solicitor, I say also, "I

don't remember nothing", and he told me, "What you

remember the last things?" The things I remember

are just I left my girlfriend his own home and we

went downstairs and I crossing ..... Road. After

that, when I crossing ..... Road, I did not even

finish the cross - I do not remember if I finish or

not; I do not remember nothing after. When my

solicitor write down and he also confirm by the

Gradara 30/6/92

letter that he sent to me, 25 May, I just underline

where he has written, "I don't remember nothing."

Then again you see my solicitor write down to the Law Institute, again if I am poor in

recollecting the account of what has happened.

That is ..... pages of the Law Institute. If you

wanted the full account, I have got the other three

pages here. Then again my solicitor write down to

the Legal Aid concerning I am not able to recall

the event what is happening on 23 May 1984.

Therefore, what I have in my mind is just a

scenario, nothing concrete, what has really

happened. To my doctor I say that I do not know

what has happened, I do not know the accident.

Maybe I was going in with a bicycle, but then I was

thinking: where is the bicycle, who give to me the

bicycle? Then I went to the Accident Commission and I say that I do not cross the street, I just

went inside my car ..... tell me I was not parking my

car. My parking car was here in this street

here ..... Parade, Your Honour.

HIS HONOUR:  Mr Gradara, you must understand that I cannot

go into the facts of the matter. What you are

seeking to do apparently is to appeal to this Court

from the decision of the Supreme Court of Victoria

dismissing your appeal against your conviction for

perjury.

MR GRADARA:  Yes.

HIS HONOUR: There is a form of document which is required

to initiate an appeal, or an application for

special leave. You would require special leave to

appeal to this Court, and there is a form of

document which is appropriate for an application

for special leave to appeal. The document you have

handed to me is not appropriate.

MR GRADARA: Is not?

HIS HONOUR: Is not appropriate.

MR GRADARA:	You mean I have to do something else?
HIS HONOUR:	There are other problems that you might strike.

There is a time limit in relation - - -

MR GRADARA: There is a what?

HIS HONOUR:  A time limit in relation to applications for

special leave to appeal, but we can put those to

one side.

Gradara	4	30/6/92
MR GRADARA:	Yes.	What I just explain to you in few words

if you got a couple of minutes.

HIS HONOUR:  The merits of the matter I am not concerned

with. This document is not an appropriate document

by which to commence an application for special

leave to appeal.

MR GRADARA:	You mean I have to take - - -
HIS HONOUR:	If you want to appeal, then your best course is

to get some advice, but this document is not one

that the Court can accept.	Do you follow what I am
saying?

MR GRADARA:  Yes, I understand.

HIS HONOUR: Whatever the merits of your case are - and I do

not go into those at this stage - - -

MR GRADARA:  What my feeling is, Your Honour, that I want

the truth come out, nothing else. I do not know

all the - I remember one, I remember two - - -

HIS HONOUR:  Very well then. But then you must initiate

proceedings in the proper manner.

MR GRADARA:  I try to do my best. As I said, for me this is

not my language. I do not even done enough

schooling in my language can make me come here and

start talking to you.

HIS HONOUR:  You see, I can help you no further than to tell

you that you must do that. If you wish to initiate

proceedings by way of an application for special

leave to appeal, I would say that you ought to get

some legal assistance.

MR GRADARA:  You start talking legal assistance, Your

Honour, I went almost for many, many years

everywhere and I just want to show you how many

places I went if there is somebody can help me - -

HIS HONOUR:  I accept what you say, but the fact remains

that a document in this form is not something which

can be accepted in the Court.

MR GRADARA: Accepted before you, I understand.

HIS HONOUR:  That is the only question before me, whether I

give you leave to issue this document. It would

not be appropriate for me to give you leave to

issue this document, because it is not in a proper

form or anything like a proper form.

Gradara	30/6/92
MR GRADARA:	Yes, the secretary explain to me and I also

explain that I try to do ..... my best. That is what

I can afford, that is what I can do honestly.

Your Honour tell me about the ..... or have a proper

form, I try to do my best also ..... to get

that ..... no help whatsoever and I been many place

where a social worker or Legal Aid Commission,

Legal Aid form, or even in Kensington Market where

are all solicitor -

HIS HONOUR:  But you see, Mr Gradara, I am bound by the

rules just as you are; that is the rules of Court.

MR GRADARA:  Yes, but the rule of Court does not help me to

find justice or to present myself better.

HIS HONOUR:  You may find that the rules of Court do help

you to find justice if you adhere to them. You

must understand that I can do no more than look at

the document and determine whether it is a document

which could properly be issued. If it were a

document which could properly be issued, I would

give leave to issue it, but it is not in my view.

That being so, unless you can - - -

MR GRADARA: There is many things, Your Honour. Say, for

instance, in this document here - - -

HIS HONOUR:  But those documents are not relevant to the

question which I have to decide, which is a simple

one, whether that is a document in proper form in

relation to which it would be appropriate to give

leave to issue.

MR GRADARA:  To do that, I have to do your highest score and

your - if somebody here do not help me, can you
imagine you were in China and do not know any

Chinese and then you had to do by the law of the

ehinese in a proper form.

HIS HONOUR: That is why I suggested you seek legal

assistance.

MR GRADARA: Assistance? Please, I have been everywhere

constantly.

HIS HONOUR:  Mr Gradara, is there anything that you can say

to me about that document to suggest that I should

give leave to you to - - -

MR GRADARA: That document is true. That is the only things

I got.

HIS HONOUR:	And that is what you say about it?
MR GRADARA:	Yes, Your Honour. That is the only true I got

and the only thing I got is the truth in that

Gradara 6 30/6/92

document. I ..... to come when happen the accident,

and I was ..... when the State Insurance send me a

letter together with my solicitor, told me they are

false ..... and when I went to the court, I found

out - - -

HIS HONOUR:  Yes, but we are getting away from the question.

The question is whether this document is a document

in relation to which it would be proper to give

leave to issue.

MR GRADARA:  For me, the best I possibly can to amalgamate

the whole concept why I was dishonestly condemned

by perjury; nothing else, Your Honour. If I can

explain to you a bit - five minutes more, you know

what it is all about, why.

HIS HONOUR:	But I do not need to know about the merits of the matter. What I want you to direct your
attention to is the document itself. Is there
anything that you wish to say to me by way of submitting that the document is in a proper form for issue?
MR GRADARA:	She explain to me about I had to write down the

book ..... Latin book, 14 copy and any other things

which you need solicitor, you need it typed, you

need things, but forget about it.	I cannot afford
it and I cannot do it ..... miracle.	I cannot do, I
am nobody.

HIS HONOUR:	Very well.
MR GRADARA:	I understand you also, that you cannot accept

because regulation, about what I am here just to

tell the truth and to find out ..... I am innocent,

that is all, Your Honour. It is up to you if you

accept my innocent, you have to check what I am

going to say and up to you to find out the truth,

that what is written here is all nonsense, as liar

things, I never see this book before.

HIS HONOUR:  We do not have to go into those, Mr Gradara. I

have pointed that out to you. We are concerned

with the form of the document which you are seeking

to have issued.

MR GRADARA:  I understand the document. You talking

something like you talk to the little kids to go to

the moon and explain way the rocket function.	It
is same thing, Your Honour.

HIS HONOUR:  Look, unless you can direct your attention to

the matters which are relevant, which is the form

of the document, then I must stop you.

Gradara 7 30/6/92

MR GRADARA:  I understand. I apologize. I do not know how

to this, the formation or presentation of this

document. Thanks very much for the lady, her

assistance, and that is what I can afford.

HIS HONOUR:	Very well, if you would resume your seat.
MR GRADARA:	I' can sit down?
HIS HONOUR:	Yes. This is an application for leave to issue

a document made under Order 58 rule 4(3).

Mr Gradara has said all, I think, that can be said

in relation to the form of the document, but it

remains that it is not in a form in which it would

be proper for me to give leave for the issue of the

document. Accordingly, leave is refused.

AT 12.19 THE MATTER WAS ADJOURNED SINE DIE

Gradara 30/6/92