Reynolds and Decision-Maker (Practice and procedure)

[2025] ARTA 274

Reynolds and Decision-Maker (Practice and procedure) [2025] ARTA 274 (27 March 2025)

Applicant/s:  Kellan John Reynolds

Respondent:  Decision-Maker

Tribunal Number:                2025/2101

Tribunal:General Member J Papalia  

Place:Perth

Date:27 March 2025

Decision:The application dated 18 March 2025 is dismissed under
s 101(1)(a) of the Administrative Review Tribunal Act 2024 (Cth).

..................[SGD]......................................................

General Member J Papalia

CATCHWORDS

PRACTICE AND PROCEDURE – Application for review – whether application frivolous, vexatious, misconceived or lacking in substance – purported review of judicial decisions – mortgage dispute – abuse of process – application dismissed

LEGISLATION

Administrative Review Tribunal Act 2024 (Cth), s 101(a)

CASES

In the matter of an application by Kellan John Reynolds for leave to appeal [2025] HCADisp 23
In the matter of an application by Kellan John Reynolds for leave to issue or file [2024] HCASJ 43
Re Robertson and Decision-Maker [2025] ARTA 22
Re Rules of the Supreme Court 1971 (WA); Ex parte Gates [2018] WASC 213
Reynolds v National Australia Bank Limited [2024] HCASL 5
Samuels v State of Western Australia (2005) 30 WAR 473

Statement of Reasons

1. By application dated 18 March 2025, the Applicant purports to seek review of a decision made by Edelman and Gleeson JJ of the High Court of Australia on 6 March 2025 to refuse him an extension of time and leave to appeal from a judgment of a single judge of that Court given on 5 December 2024.[1]  The primary judge refused the Applicant leave to file a second application for special leave to appeal from orders made by Court of Appeal of the Supreme Court of Western Australia on 20 April 2023 regarding a mortgage dispute with the Other Party.[2]  The first application for special leave to appeal was refused on 8 February 2024.[3] 

   [1] In the matter of an application by Kellan John Reynolds for leave to appeal [2025] HCADisp 23.

   [2] In the matter of an application by Kellan John Reynolds for leave to issue or file [2024] HCASJ 43.

   [3] Reynolds v National Australia Bank Limited [2024] HCASL 5.

2. None of these decisions, including the underlying mortgage dispute, are reviewable by the Tribunal.[4]

   [4] See Re Robertson and Decision-Maker [2025] ARTA 22 at [17].

3. The application is properly characterised as being ‘frivolous’ and an ‘abuse of process’.[5]

   [5] See Samuels v State of Western Australia (2005) 30 WAR 473, [11]; Re Rules of the Supreme Court 1971 (WA); Ex parte Gates [2018] WASC 213, [25]-[29].

4. It shall be dismissed accordingly.   

   DECISION

5. The application dated 18 March 2025 is dismissed under s 101(1)(a) of the Administrative Review Tribunal Act 2024 (Cth).

I certify that the preceding 5 (five) paragraphs are a true copy of the reasons for the decision herein of General Member Papalia

..........[SGD]..............................................................

Associate

Dated: 27 March 2025