Hunter v Commissioner of Police

In the case of Hunter v Commissioner of Police, the applicant sought leave to commence proceedings under the Justices Act 1902. The applicant's proposed proceedings were in relation to a decision made under the Act, which was subject to appeal. The Commissioner of Police opposed the application for leave to commence proceedings, arguing that the applicant had failed to meet the necessary criteria for such an application.

The court was required to determine whether there were prima facie grounds for the applicant's proposed proceedings, and whether the application for an extension of time to file the application for leave was justified. The court also needed to consider whether the applicant's proposed proceedings were frivolous or vexatious, and whether they disclosed an arguable case.

In its decision, the court held that the application for leave to commence proceedings would only be granted if there were prima facie grounds for the proposed application for leave to appeal, which grounds were not frivolous or vexatious and which disclosed an arguable case. The court found that the applicant had not demonstrated any exceptional circumstances or a substantial miscarriage of justice which would warrant an extension of time to file the application for leave. The court also held that the applicant's proposed proceedings were vexatious and disclosed no arguable case.

The court dismissed the application for leave to commence proceedings, and made no order as to costs.