Richards v Grant

[2007] HCATrans 560

[2007] HCATrans 560

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M6 of 2007

B e t w e e n -

BARRY RICHARDS

Applicant

and

JOHN MACKINNON GRANT

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2007, AT 9.26 AM  

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal against the orders of the Court of Appeal of the Supreme Court of Victoria refusing leave to appeal against the decision of Hollingworth J in the Supreme Court.   Her Honour dismissed the applicant’s motion for leave to commence proceedings out of time. The matter relates to medical treatment received by the applicant in 1975. The applicant’s claim for damages for personal injuries against the respondents, his doctor, and the hospital, was settled.  Since that time the applicant has sought to bring proceedings against the lawyers who acted for him in connexion with the settlement.  The last such application was dismissed and special leave to appeal from the refusal of the Court of Appeal to grant leave to appeal was refused by this Court on 10 December 2004.  The applicant seeks to again sue the respondents.

The application is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.  We would not make this order.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004. 

The applicant's written submissions do not advance any question of law which would justify a grant of special leave to appeal.  The decision of the Court of Appeal was clearly correct.  The applicant’s case has no prospects of success and amounts to an abuse of process. 

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish the disposition signed by Justice Kiefel and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED