Pignat, In the matter of an application for leave to issue a proceeding

Case •

[2014] HCATrans 63

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[2014] HCATrans 063

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry  No C1 of 2014

In the matter of -

an application by RODGER GEORGE PIGNAT and SHARON BETH PIGNAT for leave to issue a proceeding

FRENCH CJ

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 31 MARCH 2014, AT 10.28 AM

Copyright in the High Court of Australia

HIS HONOUR:   On 6 February 2014, Justice Bell made a direction pursuant to Rule 6.07.2 of the High Court Rules that the Registrar refuse to issue a Writ of Summons, whereby the plaintiffs claimed relief against the “Queensland Government”, without the leave of a Justice of the Court.  On 11 March 2014 the plaintiffs filed an ex parte application pursuant to Rule 6.07.3, for leave to issue the proceedings. 

Leave is refused.  The Writ of Summons seeks relief which is beyond the power of this Court to issue on grounds which do not, on their face, engage the jurisdiction of the Court.  So ordered.  The Court will now adjourn.

AT 10.29 AM THE MATTER WAS CONCLUDED

Key Legal Topics

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Standing

  • Abuse of Process

  • Stay of Proceedings

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