Richards v Sytema

[2007] HCATrans 38

[2007] HCATrans 038

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M77 of 2006

B e t w e e n -

BARRY RICHARDS

Applicant

and

TINEKA SYTEMA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 FEBRUARY 2007, AT 9.30 AM

Copyright in the High Court of Australia

GUMMOW J:   In 1991 the applicant obtained judgment from a jury of the County Court of Victoria in the sum of $19,500.  Nearly 15 years later he sought leave to appeal.  The Court of Appeal of the Supreme Court of Victoria (Warren CJ and Nettle J) refused leave for several reasons, including the fact that it had not been shown that strict compliance with the rules would work an injustice on the applicant, and the fact that the appeal would not have a reasonable prospect of success.

The prolix papers filed in support of the application for special leave to appeal in this Court do not grapple with, or demonstrate any error in, the reasoning of the Court of Appeal, the decision of which was a discretionary one on a matter of practice and procedure. 

There are no prospects of success in any appeal were special leave to be granted.  The application must be dismissed.

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 Heydon J and myself.

AT 9.31 AM THE MATTER WAS CONCLUDED