Lille Kosteska v Bevan Manthey (Magistrate)

[2013] HCASL 141

LILLE KOSTESKA

v

BEVAN MANTHEY (MAGISTRATE) & ANOR

[2013] HCASL 141
B27/2013

1. On 3 April 2012, the applicant pleaded guilty before the first respondent in the Magistrates Court at Cleveland to five offences.  She was convicted and fined a total monetary amount of $1,000. 

2. On 19 June 2012, the applicant filed an application for judicial review of "judgments and orders" of the first respondent.  The applicant also sought review of "a series of claims" made by the second respondent, the Registrar of the State Penalties and Enforcement Registry, seeking payment of $15,278.60 by the applicant for a variety of outstanding matters.  On 7 August 2012, Mullins J summarily dismissed the application, finding it to be frivolous and vexatious.  Mullins J further held that constitutional arguments and allegations of unlawful acts by successive governments were misconceived.

3. The applicant sought leave to appeal Mullins J's decision to the Court of Appeal of the Supreme Court of Queensland asserting a denial of natural justice, and flaws in Australia's entire legal system.  On 10 May 2013, the Court of Appeal refused to grant the applicant leave to appeal (McMurdo P, Atkinson and Martin JJ) and awarded indemnity costs in favour of the second respondent.  To the extent that the application raised constitutional arguments, those contentions have previously been considered and rejected by the Court of Appeal and by this Court.

4. The applicant seeks special leave to appeal to this Court using the same arguments advanced below.  There is no reason to doubt the correctness of the decision of the Court of Appeal.  Any appeal has insufficient prospects of success to warrant the grant of special leave to appeal.  Special leave should be refused.

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

S.M. Kiefel
4 September 2013 P.A. Keane