Jenkins v Department of the Attorney-General and Justice

In Jenkins v Department of the Attorney-General and Justice, the appellant, Mr Jenkins, challenged a direction made by the Acting Chief Justice to restrict his access to the Supreme Court Library. The direction was issued in the context of Mr Jenkins' conduct and his standing as a self-represented litigant. The matter was initially dismissed by a Master, and Mr Jenkins sought to appeal this decision. The court had to determine whether Mr Jenkins had the requisite leave to appeal the Master’s judgment and, if so, whether the appeal should be upheld.

The primary legal issue before the court was whether Mr Jenkins had any right, entitlement, or legitimate expectation that would permit a challenge to the direction restricting his access to the Supreme Court Library. The court considered whether the direction was a decision of a kind that could be subject to judicial review and if Mr Jenkins had standing to bring such a challenge. The court had to assess the conditions under which leave to appeal could be granted by a single judge exercising the jurisdiction of the Court of Appeal and the extent to which that single judge could determine the appeal.

The court held that Mr Jenkins did not have a right, entitlement, or legitimate expectation that would ground a challenge to the direction. Consequently, the appeal was without merit. However, the court granted leave for Mr Jenkins to appeal the Master’s judgment, exercising its discretion under the relevant legislation. The single judge, upon granting leave, determined the appeal and dismissed it. The court's decision was based on the lack of substantive grounds for the appeal and the absence of any legal error in the Master's initial dismissal of Mr Jenkins' challenge.