Pellicaan v Daniels B37/2002

[2003] HCATrans 849

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B37 of 2002

B e t w e e n -

ELISABETH CORNELIA PELLICAAN

Applicant

and

LANCE DONALD DANIELS

Respondent

Application for special leave to appeal

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 25 JUNE 2003, AT 2.17 PM

Copyright in the High Court of Australia

MS E.C. PELLICAAN appeared in person.

GUMMOW J:   Yes, Ms Pellicaan.

MS PELLICAAN:   Your Honour, I would like to withdraw my application to present oral argument.

GUMMOW J:   Thank you.  Yes, there is no appearance for the other side.  We will take a short adjournment to consider the course we will now take. 

AT 2.17 PM SHORT ADJOURNMENT

UPON RESUMING AT 2.25 PM:

GUMMOW J:   The applicant in application No 10 appeared this afternoon, but indicated that she was content that we proceed to consider the matter on the written submissions and we have done so.

The only possible point of substance is that the matter was dealt with on an incorrect notice of appeal by Justice Lindenmayer acting as he was in exercise of the jurisdiction of the Full Court of the Family Court of Australia under section 94AAA(3) of the Family Law Act 1975.

However, we are not convinced that there was any such error.  On the contrary, his Honour dealt with the appeal accurately and carefully.  Accordingly, special leave must be refused.  Special leave therefore is refused.

AT 2.27 PM THE MATTER WAS CONCLUDED