Little v The Governor of Pentridge Prison

The applicant, John Little, sought leave to appeal from a judgment of the Full Court of Victoria. The respondents were the Governor of Pentridge Prison and Robert John Albert Cornall, in his capacity as Secretary of the Law Institute of Victoria. The proceedings before the High Court concerned an application for bail, though the nature of the application was debated, with the court considering whether it was truly an application for bail or for a stay of execution of a prior order.

The primary legal issue before the High Court was whether to grant special leave to appeal from the Full Court's dismissal of an earlier application for habeas corpus. This habeas corpus application had itself been refused by Mr Justice Phillips at first instance. The court also considered the applicant's request for leave to appear on his own behalf, which was dismissed as he was represented by legal counsel.

The court reasoned that the current application was not for habeas corpus, as that had already been determined by the lower courts. Instead, the application before the High Court was for special leave to appeal the judgment of the Full Court. The court noted that the applicant's request for bail was complicated by the fact that the proceeding was essentially civil and that the practical effect of the matter related to an order made by Mr Justice McGarvie. The court indicated that the applicant was effectively seeking to stay that order.