Jones v The Public Trustee & Anor

[2005] HCATrans 259

[2005] HCATrans 259

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B48 of 2004

B e t w e e n -

JOHN DALUNGDALEE JONES

Applicant

and

THE PUBLIC TRUSTEE

First Respondent

THE STATE OF QUEENSLAND

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 1.48 PM

Copyright in the High Court of Australia

McHUGH J:   The Supreme Court of Queensland dismissed the application of the applicant for the proceeding to be set down for trial on the ground that the applicant is not a person aggrieved for the purposes of section 52(2) of the Succession Act 1981 (Qld) and rule 643 of the Uniform Civil Procedure Rules (“UCPR”).

The Supreme Court of Queensland Court of Appeal dismissed the appeal on the ground that proceedings pursuant to rule 75(1) of the UCPR are not available to the applicant.  The Court of Appeal held that, in dismissing the applicant’s application, Justice White of the Supreme Court did not fail to take account of Aboriginal traditional or customary law.

The applicant’s special leave application complained of a failure of the Supreme Court of Queensland to consider the evidence that established the applicant’s capacity to bring a representative action.

An appeal has no prospects of success.

The application is dismissed.

Pursuant to rule 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 1.49 PM THE MATTER WAS CONCLUDED