Huang v Victoria Police & Anor

[2005] HCATrans 513

[2005] HCATrans 513

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M194 of 2003

B e t w e e n -

HONG-CHAO HUANG (ALSO KNOWN AS HUNG-CHAO HUANG)

Applicant

and

VICTORIA POLICE

First Respondent

ST VINCENTS HOSPITAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.51 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   On 8 December 1995 the applicant filed in the Supreme Court of Victoria a writ endorsed with a statement of claim complaining of events in 1994. 

On 12 July 1996 the applicant filed a notice of discontinuance of those proceedings.

On 7 August 2002 the applicant applied to set that notice aside.  Harper J dismissed that application because of the unsatisfactory state of the statement of claim, the prejudice to the defendants if the matter went forward, and the lack of a satisfactory explanation for the applicant’s failure to apply earlier than 7 August 2002. 

The applicant applied for leave to appeal out of time to the Court of Appeal of the Supreme Court of Victoria, but not on grounds that traversed the reasoning of Harper J.  Vincent and Buchanan JJA refused that application on grounds similar to those relied on by Harper J. 

The applicant’s application for special leave to appeal was filed out of time.  It does not demonstrate any error in the reasoning of the courts below.  In particular, a claim of bias against each of the judges below is insupportable.  The applicant has given notice that he wishes to discontinue the application, but despite requests from the Registry has not done so.  An appeal would have no prospects of success.  The application must be dismissed.

Under the power conferred by r 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 8.51 AM THE MATTER WAS CONCLUDED