Jeremy Christopher Halls v Registrar of Motor Vehicles

[2015] HCASL 234

JEREMY CHRISTOPHER HALLS

v

REGISTRAR OF MOTOR VEHICLES

[2015] HCASL 234
A21/2015

1. Following a motor vehicle accident, the applicant was taken to hospital. The treating medical practitioner considered that the applicant had suffered an epileptic seizure shortly before the accident, and gave notification under s 148 of the Motor Vehicles Act 1959 (SA) to the Registrar of Motor Vehicles ("the Registrar") of his view that the applicant would be likely to endanger the public if he drove a motor vehicle. As a result of that notification, a delegate of the Registrar advised the applicant that his driver's licence would be suspended. Upon review of the suspension decision, the Registrar affirmed the decision of the delegate.

2. The District Court of South Australia (Judge McIntyre) dismissed the applicant's appeal from the Registrar's decision, holding that there was "no cogent reason to depart from the conclusions of the Registrar's delegate and the Registrar".  The applicant sought permission to appeal to the Supreme Court of South Australia (Lovell J), but permission was refused on all grounds.  The Full Court of the Supreme Court of South Australia (Gray ACJ, Sulan and Stanley JJ) refused permission to appeal from the decision of Lovell J, holding that there was no reason to doubt the decisions of the Registrar's delegate, the Registrar or Judge McIntyre, and no arguable case that Lovell J had made any error of law or fact.  

3. The applicant now seeks special leave to appeal from the orders of the Full Court. The applicant does not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. The applicant has not demonstrated any reason to doubt the correctness of the decision of the Full Court, and the application does not raise any question of principle which would warrant a grant of special leave.  An appeal to this Court would enjoy no prospect of success.  The application is dismissed.

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

V.M. Bell
17 December 2015 S.J. Gageler