Plaintiff S164/2018 B v Minister for Home Affairs
[2019] HCASL 129
PLAINTIFF S164/2018 B
v
MINISTER FOR HOME AFFAIRS
[2019] HCASL 129
S295/2018
The applicant seeks leave to appeal from the judgment and orders of Edelman J, given and made on 7 November 2018, by which his Honour dismissed as incompetent the applicant's purported appeal as of right from the judgment and orders of Gageler J of 30 August 2018 and the applicant's summons dated 24 September 2018. The effect of Gageler J's judgment was to dismiss the applicant's application for an order to show cause why writs of prohibition and habeas corpus should not go to the respondent, the Minister for Home Affairs, requiring the applicant's release from immigration detention. The applicant also seeks an order that the application be heard and determined by a Full Court comprised of not less than three Justices of the Court.
There is no reason to doubt that the applicant's purported appeal as of right from the judgment and orders of Gageler J of 30 August 2018 was incompetent, or, therefore, to suppose that an appeal to this Court from the judgment and orders of Edelman J could result in a different outcome. Nor is there basis to contend that this application should be heard and determined by a Full Court comprised of not less than three Justices. It would be opposed to the interests of justice to grant leave to appeal.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
Subsequently, on 3 December 2018, the applicant filed an application by summons for an order for judgment in default of the Minister's appearance. The Minister was not in default. Pursuant to r 13.03.1 of the High Court Rules, we direct that the summons be determined without listing it for hearing and direct the Registrar to draw up, sign and seal an order dismissing the summons with costs.
G.A.A Nettle M.M Gordon 17 April 2019
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