Khademollah v Khademollah

[2005] HCATrans 926

[2005] HCATrans 926

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M98 of 2005

B e t w e e n -

ROUHOLLAH KHADEMOLLAH

Applicant

and

SORAYA KHADEMOLLAH

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY 14 NOVEMBER 2005, AT 2.28 PM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal against the judgment of the Full Court of the Family Court (Holden, Warnick and May JJ) dismissing an application for leave to appeal against a decision of Kay J.  Kay J had dismissed an application to review a decision of the Appeals Registrar of that Court to refuse to accept an application for leave to appeal, the subject-matter of which his Honour took to be an order of Bell J of 25 November 2004.  That order dismissed an application by the applicant to set aside orders made by Brown J on 20 December 1999.  The orders of Brown J concerned a division of the property of the parties and required, among other things, the transfer of the former matrimonial home to the applicant’s wife and the payment of a lump sum by the applicant.  The applicant’s appeal to the Full Court against those orders was dismissed on 5 September 2000, save to the extent necessary to correct a minor mathematical error.  This Court refused special leave to appeal against the judgment of the Full Court on 15 February 2002.

Following the decision of the Full Court in September 2000, the applicant instituted numerous applications in the Family Court seeking to overturn the orders of Brown J.  Orders were made prohibiting the applicant from bringing any proceedings against the wife without the leave of the Family Court.  The applicant has sought to institute such proceedings on several occasions and has been denied that leave.  He has further sought to appeal to the Full Court against those refusals of leave and has been unsuccessful.  The order of Bell J of 25 November 2004 was an order refusing such leave. 

In these circumstances there would be no prospect of success in any appeal to this Court against the orders of the Full Court.  Accordingly, special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Kirby J and myself.

AT 2.30 PM THE MATTER WAS CONCLUDED