Piotto v Adult Parole Board of Victoria

[2004] HCATrans 26

[2004] HCATrans 026

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M193 of 2002

B e t w e e n -

LUIGI PIOTTO

Applicant

and

ADULT PAROLE BOARD OF VICTORIA

Respondent

Application for special leave to appeal

HAYNE J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 13 FEBRUARY 2004, AT 2.39 PM

Copyright in the High Court of Australia

MR L. PIOTTO, appeared in person.

HAYNE J:   Yes, thank you.  Would you come forward, Mr Piotto.

MR PIOTTO:   I actually have no additional arguments to present other than those.

HAYNE J:   Yes, thank you, Mr Piotto.

The applicant sought to institute proceedings in the Supreme Court of Victoria for judicial review of a decision made by the Adult Parole Board of Victoria in November 1998.  The Prothonotary refused to issue the proposed process without the direction of a judge.  The application for such a direction failed and leave to appeal to the Court of Appeal of Victoria was refused.  Proceedings which the applicant sought to institute would have been instituted more than three years after the expiry of the time fixed for commencing such proceedings and were proceedings seeking to review a decision, the operation of which was long since exhausted.  

The decisions of the court below were right.  Accordingly, special leave is refused.

Adjourn the Court.

AT 2.40 PM THE MATTER WAS CONCLUDED