Joseph Moder v Commonwealth of Australia Terezie Sochorova v Commonwealth of Australia

[2012] HCASL 161

JOSEPH MODER

v

COMMONWEALTH OF AUSTRALIA

TEREZIE SOCHOROVA

v

COMMONWEALTH OF AUSTRALIA

[2012] HCASL 161
B53/2012
B54/2012

1. In December 2010, Ms Terezie Sochorova instituted proceedings in the Supreme Court of Queensland claiming damages for negligence, false imprisonment and misfeasance in public office.  In March 2011, Mr Joseph Moder (the brother of Ms Sochorova) instituted proceedings seeking what were described as "secondary damages" as a second party in his sister's matter.  Ms Sochorova's claim arose out of what was alleged to be undue delay in processing her application for a visa.

2. The primary judge (Jones J) struck out both claims in part as disclosing no sustainable cause of action and in part for want of compliance with the Personal Injuries Proceedings Act 2002 (Q). The primary judge entered summary judgment for the Commonwealth in each action.

3. On appeal by each applicant to the Court of Appeal, that Court (Muir and Fraser JJA and Margaret Wilson AJA) set aside the judgment entered in Ms Sochorova's action and gave her leave to replead some of her claims.  Mr Moder's appeal was dismissed.

4. Each applicant now seeks special leave to appeal to this Court.  Each application is made out of time.

5. There is no reason to doubt the correctness of the Court of Appeal's decision in relation to Mr Moder's proceedings.  An appeal to this Court would enjoy no prospect of success.  Nor are we persuaded that there is any reason to doubt the correctness of the orders made in Ms Sochorova's appeal.  Given that she has leave to prosecute her proceedings further, it would not be in the interests of justice for there to be a grant of special leave.

6. Pursuant to r 41.10.5 of the High Court Rules 2004 the Registrar is directed to draw up, sign and seal an order that the applications for special leave are dismissed.

K.M. Hayne
5 December 2012 S.M. Crennan