Gunter v Doogan

[2003] FCA 700

FEDERAL COURT OF AUSTRALIA

Gunter v Doogan [2003] FCA 700

RICHARD STEPHEN GUNTER v CHRISTOPHER DOOGAN, PRINCIPAL REGISTRAR, HIGH COURT OF AUSTRALIA, GRAHAM KINGSLEY RAMSEY, DISTRICT REGISTRAR, QUEENSLAND, FEDERAL COURT OF AUSTRALIA AND BARRY COSGROVE, SENIOR LAWYER, BRISBANE OFFICE, AUSTRALIAN GOVERNMENT SOLICITOR

Q 88 OF 2003

DOWSETT J
13 MAY 2003
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 88 OF 2003

BETWEEN:

RICHARD STEPHEN GUNTER
APPLICANT

AND:

CHRISTOPHER DOOGAN, PRINCIPAL REGISTRAR,
HIGH COURT OF AUSTRALIA
FIRST RESPONDENT

GRAHAM KINGSLEY RAMSEY, DISTRICT REGISTRAR, QUEENSLAND, FEDERAL COURT OF AUSTRALIA
SECOND RESPONDENT

BARRY COSGROVE, SENIOR LAWYER, BRISBANE OFFICE, AUSTRALIAN GOVERNMENT SOLICITOR
THIRD RESPONDENT

JUDGE:

DOWSETT J

DATE OF ORDER:

13 MAY 2003

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.Leave to file the application as against the second and third respondents be refused.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 88 OF 2003

BETWEEN:

RICHARD STEPHEN GUNTER
APPLICANT

AND:

CHRISTOPHER DOOGAN, PRINCIPAL REGISTRAR,
HIGH COURT OF AUSTRALIA
FIRST RESPONDENT

GRAHAM KINGSLEY RAMSEY, DISTRICT REGISTRAR, QUEENSLAND, FEDERAL COURT OF AUSTRALIA
SECOND RESPONDENT

BARRY COSGROVE, SENIOR LAWYER, BRISBANE OFFICE, AUSTRALIAN GOVERNMENT SOLICITOR
THIRD RESPONDENT

JUDGE:	DOWSETT J
DATE:	13 MAY 2003
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The applicant seeks to issue an application dated 7 May 2003, claiming to restrain the District Registrar of the Federal Court from proceeding in the taxation of costs ordered by Cooper J on 30 July last year, and to restrain Mr Cosgrove, employed by the Australian Government Solicitor, from enforcing that order.

2. Neither Mr Cosgrove nor Mr Ramsey has any interest in the order for costs.  For that reason, the proceedings against them must fail.  I am not willing to permit an application seeking relief against them to be filed.

3. Mr Gunter also wishes to proceed against Mr Doogan who is the Principal Registrar of the High Court of Australia, concerning his refusal to permit the issue of proceedings in the High Court.  I doubt very much whether this Court has jurisdiction to intervene in that matter, but I do not intend to determine that question at this stage.  Even if I were satisfied that I had jurisdiction, I would not exercise it until Mr Gunter had approached a Justice of the High Court.  That he has raised the matter with the Chief Justice of the High Court reinforces my view.  I will not proceed with the matter until the High Court indicates its intentions concerning such approach.  I will adjourn the notice of motion to a date to be fixed to enable Mr Gunter to approach a High Court Justice.  If the High Court gives some indication that I should deal with the matter, I will reconsider it.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:            18 July 2003

Counsel for the Applicant:	The Applicant appeared in person.
Counsel for the First, Second and Third Respondents:	The First, Second and Third Respondents did not appear.
Date of Hearing:	13 May 2003
Date of Judgment:	13 May 2003