Miguela Alvarez Macatangay v State of New South Wales

[2012] HCASL 114

MIGUELA ALVAREZ MACATANGAY

v

STATE OF NEW SOUTH WALES

[2012] HCASL 114

S114/2012

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Macfarlan JA and Sackville and Tobias AJJA) made on 16 April 2012 dismissing two notices of motion filed by the applicant and restraining her from making further applications in certain matters without leave of the Supreme Court. 

2. The applicant had sought to reopen proceedings initiated by her in 2005 which were dismissed as an abuse of process by the Supreme Court (Grove J) on 9 February 2007.  The abuse of process was that the dispute, which was the subject matter of the Supreme Court proceedings, had been settled previously in the Industrial Relations Commission.  On 4 September 2009, the Court of Appeal struck out as incompetent an appeal against the decision of Grove J, and refused leave to appeal from that decision.  On 30 March 2010, this Court (Heydon and Bell JJ) dismissed the applicant's application for special leave to appeal from the Court of Appeal's decision on the basis that such an appeal would enjoy insufficient prospects of success to justify a grant of special leave[1].

   [1]Macatangay v State of New South Wales [2010] HCASL 42.

3. As the applicant is unrepresented, this application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. We see no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would enjoy no prospect of success.

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

6          K.M. Hayne

7          15 August 2012

8  S.M. Crennan