Peter Lucas v Chief Commissioner's Office

[2014] HCASL 26

PETER LUCAS

v

CHIEF COMMISSIONER'S OFFICE

[2014] HCASL 26
M142/2013

1. On 21 June 2013, the applicant sought to file an originating motion in the Supreme Court of Victoria. The Prothonotary refused to seal the originating motion without a direction from the Supreme Court, pursuant to r 27.06 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic). The applicant requested that the Prothonotary's decision be reviewed by a judge of the Supreme Court.

2. On 28 June 2013, the Supreme Court (Ginnane J) refused to direct the Prothonotary to seal the originating motion.

3. On 25 October 2013, the Court of Appeal of the Supreme Court of Victoria (Osborn and Beach JJA) refused the applicant's request for an extension of time to apply for leave to appeal the decision of Ginnane J.  Their Honours considered that the originating motion was unintelligible and prolix, and held that the decision of Ginnane J was plainly correct.

4. The application for special leave to appeal to this Court does not identify any error in the decision below.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

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

S.M. Kiefel
6 March 2014 P.A. Keane