In the Matter of An Application for Leave to Appeal BY Alexandra Samootin

[2013] HCASL 205

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL BY ALEXANDRA SAMOOTIN

[2013] HCASL 205
S164/2013

1. On 7 December 2012, the applicant sought to file an ex parte application for an order removing into this Court a cause pending in the Court of Appeal of the Supreme Court of New South Wales. On 14 February 2013, Heydon J made a direction pursuant to r 6.07 of the High Court Rules 2004 that the Registrar refuse to issue or file the application for removal without the leave of a Justice of this Court first had and obtained.

2. On 28 February 2013, the applicant filed an ex parte application seeking leave pursuant to r 6.07 to issue the application for removal. That application was refused by a single Justice of this Court (Gageler J) on 22 August 2013. Gageler J held that the application for removal would be an abuse of process.

3. The applicant seeks leave to appeal to this Court from the decision of Gageler J.  However, the application does not identify any error in that decision.  An appeal to this Court would enjoy no prospects of success.  Leave is refused.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 December 2013 P.A. Keane