Ljupco Slaveski v Paul Smith

[2012] HCASL 142

LJUPCO SLAVESKI

v

PAUL SMITH & ANOR

[2012] HCASL 142
M29/2012

1. The applicant was convicted in the Magistrates' Court of Victoria of making a threat to kill. He appealed to the County Court. Judge Gullaci referred three questions of law to the Court of Appeal of the Supreme Court of Victoria pursuant to s 33(1)(b) of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The Court of Appeal (Warren CJ, Nettle and Redlich JJA) answered the questions adversely to the applicant. The applicant was represented by counsel before the Court of Appeal.

2. The applicant seeks special leave to appeal to this Court.  It is doubtful that an appeal lies to this Court from the answers to the referred questions which the Court of Appeal gave.  If not, the applicant's remedy lies in returning to Judge Gullaci, and, if that appeal fails, proceeding conventionally thereafter.

3. But even if an appeal does lie to this Court, the applicant has stated no ground for doubting the correctness of the Court of Appeal's conclusions.  The applicant's allegations of bias, conflict of interest and denial of justice must fail.  There are other allegations which would depend on evidence, of which there is none.  The applicant has not effectively challenged the Court of Appeal's legal reasoning.

4. The application is dismissed.

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

J.D. Heydon
13 November 2012 V.M. Bell