Peter Markan v Bar Association of Queensland

[2014] HCASL 119

PETER MARKAN

v

BAR ASSOCIATION OF QUEENSLAND

[2014] HCASL 119
B13/2014

1. The applicant brought proceedings against the respondent in the Supreme Court of Queensland.  The respondent brought an application to have the applicant's claim struck out.  At the hearing of that application by Fryberg J, the applicant applied for Fryberg J to recuse himself because the son of the Judge was a member of the respondent Association.  Fryberg J dismissed the application to recuse himself, ordered that the applicant's claim and Statement of Claim be struck out and dismissed the applicant's application to strike out the respondent's application.  Fryberg J further ordered that the applicant pay the respondent's costs.

2. The applicant appealed against these orders to the Court of Appeal of the Supreme Court of Queensland.  That Court (McMurdo P, Muir JA and Mullins J) dismissed the appeal with costs.

3. The applicant now seeks special leave to appeal to this Court. Because he is unrepresented, his application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. There is no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would fail.

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

K.M. Hayne
6 August 2014 S.M. Crennan