SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Manny v Shiels |
Citation: | [2022] ACTCA 22 |
Hearing Date: | 4 May 2022 |
DecisionDate: | 11 May 2022 |
Before: | Kennett J |
Decision: | Application for leave to appeal out of time is dismissed with costs |
Catchwords: | APPEAL – APPLICATION – Application for leave to appeal out of time – where decision under appeal is the subject of a previous appeal that was finally determined – where delay of approximately 12 years in filing application |
Legislation Cited: | Civil Law (Wrongs) Act 2002 (ACT) s 122 |
Cases Cited: | Sheils v Manny [2010] ACTSC 58 |
Parties: | Jeff Manny ( First Applicant) Jeff Manny Pty Ltd ( Second Applicant) Peter Shiels (First Respondent) Warwick Shiels (Second Respondent) |
Representation: | Counsel Self-represented ( Applicants) No appearance ( Respondents) |
| Solicitors Self-represented ( Applicants) No appearance ( Respondents) | |
File Number: | ACTCA 19 of 2022 |
Decision under appeal: | Court/Tribunal: Supreme Court of the ACT Before: Gray J Date of Decision: 11 June 2010 Case Title: P v Manny Citation: [2010] ACTSC 50 |
KENNETT J
Introduction
The first applicant (Mr Manny) seeks leave to appeal out of time from a judgment of the Supreme Court delivered by Gray J on 11 June 2010 ([2010] ACTSC 50). The company named as the second applicant (Jeff Manny Pty Ltd) was, with Mr Manny, a defendant in the proceedings before Gray J.
The plaintiffs in the proceeding (the respondents to this application) were given the pseudonyms P and W as a result of orders made by Gray J prohibiting the publication of their names. However, shortly after his Honour delivered judgment, there was an application for those orders to be vacated which was unopposed ([2010] ACTSC 58); and his Honour vacated the orders. It is therefore possible to refer to the respondents by name.
In 2004, Peter Shiels (the first respondent) and his son, Warwick Shiels (the second respondent), operated a karate school in Belconnen. At that time, Peter Shiels was a retired lawyer and Warwick Shiels was a Senior Constable in the Australian Federal Police. Mr Manny’s three sons were students at the karate school. On 27 August 2004, there was a physical altercation at the school. Mr Manny reported the incident to the Police, claiming that he had been assaulted by both Peter Shiels and Warwick Shiels.
Peter Shiels alleged that he subsequently received threats from Mr Manny over the telephone. That matter was reported to the Police and Peter Shiels obtained a protection order against Mr Manny.
In the weeks that followed, Mr Manny wrote two letters which he sent to the Australian Federal Police. The first letter, dated 1 September 2004, alleged that both Peter and Warwick Shiels had assaulted him on 27 August 2004.…
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- AGLC
- Manny v Shiels [2022] ACTCA 22
- Case
- [2022] ACTCA 22
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether to grant leave to appeal out of time, given the significant delay and the fact that the decision under appeal had already been the subject of a prior appeal to the ACT Court of Appeal. The Court also considered the applicants' submissions that the original judgment constituted a grave miscarriage of justice and that Mr. Manny's personal circumstances prevented him from pursuing an appeal earlier. The Court also had to address the issue of service of the application on the respondents, one of whom had died and the other whose whereabouts were unknown.
The Court reasoned that the original judgment of Gray J had been merged with the subsequent judgment of the ACT Court of Appeal in *Shiels v Manny* [2012] ACTCA 22, which had already determined the substantive appeal. Therefore, an appeal from the judgment of Gray J to the Supreme Court would be incompetent. Furthermore, even if the appeal were competent, the Court found that the applicants had failed to provide compelling justification for the extensive delay. Mr. Manny's submissions regarding a miscarriage of justice were largely unsupported assertions, and no explanation was offered for why an appeal had not been sought much earlier. The Court also noted that Mr. Manny had already pursued an appeal to the Court of Appeal, where he had the opportunity to raise his concerns.
Consequently, the Court dismissed the application for leave to appeal out of time. The Court ordered that the first applicant, Jeff Manny, pay the respondents' costs, noting that the amount payable would likely be nominal given the circumstances.
Orders
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