Peter Markan v Bar Association of Queensland

[2014] HCASL 80

PETER MARKAN

v

BAR ASSOCIATION OF QUEENSLAND

[2014] HCASL 80 B1/2014; B2/2014

1. These are applications for special leave to appeal from the orders of the Court of Appeal of the Supreme Court of Queensland (McMurdo P, Mullins and Ann Lyons JJ) dismissing two appeals from the decisions of Atkinson J. The first of those decisions was to refuse to disqualify herself from hearing the respondent's strike-out application. The second decision was to set aside the amended statement of claim filed by the applicant because it disclosed no reasonable cause of action.

2. The applicant does not have legal representation and his applications fall to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. The diffuse complaints in the applicant's written cases do not engage with the Court of Appeal's reasoning. No question of general principle or arguable ground as would justify grants of special leave to appeal are identified. There is no reason to doubt the correctness of the conclusions of the Court of Appeal that Atkinson J's refusal to recuse herself was not attended by error1 or that her Honour's assessment that the amended statement of claim disclosed no reasonable cause of action was "unimpeachable"2. If special leave to appeal were granted, these appeals would have no prospect of success.

4. The applications are dismissed.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal orders dismissing the applications.

V.M. Bell S.J. Gageler

13 May 2014

1	Markan v Bar Association of Queensland [2013] QCA 379 at [20].
2	Markan v Bar Association of Queensland [2013] QCA 379 at [31].