Rahman v Institute of Languages New South Global Pty Limited

[2007] HCATrans 174

[2007] HCATrans 174

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S300 of 2006

B e t w e e n -

M. TABIBAR RAHMAN

Applicant

and

INSTITUTE OF LANGUAGES NEW SOUTH GLOBAL PTY LIMITED

Respondent

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 27 APRIL 2007, AT 9.33 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal from a decision of the Court of Appeal of New South Wales made on 3 August 2006.  The Court of Appeal had refused the applicant leave to appeal from two decisions of Hulme J made on 28 November 2005 and 9 December 2005 respectively.  The decision of 28 November 2005 concerned the applicant's dissatisfaction with an organisation known as the Institute of Languages which is conducted by the respondent company.  Hulme J dismissed an application in which the applicant sought to charge an officer of the respondent with contempt for failing to comply with a subpoena to produce documents.  That application was defective both in procedure and in substance.

The judgment of 9 December 2005 concerned an application for leave to appeal against various decisions of the New South Wales Administrative Decisions Tribunal concerning an anti‑discrimination dispute between the applicant and the New South Wales Department of Education.  Much of the applicant's complaint about those decisions was legally misconceived and doomed to fail, and Hulme J was correct to dismiss the application.

The applicant required leave to appeal to the Court of Appeal, and there was no substance to his complaints about the composition of the bench in that Court.  The Court of Appeal correctly dismissed the application as there was no error on the part of Hulme J that would warrant the grant of leave to appeal.

The applicant's draft notice of appeal in this Court is largely unintelligible and is embarrassing in the technical sense.  There would be no prospect of success on any appeal to this Court against the orders of the Court of Appeal.  Special leave is refused.

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

I publish the disposition signed by Justice Heydon and myself.

AT 9.34 AM THE MATTER WAS CONCLUDED