Ross v Commonwealth of Australia

Case

[2020] HCASL 43


ROSS

v

COMMONWEALTH OF AUSTRALIA

[2020] HCASL 43
M156/2019

  1. The applicant seeks special leave to appeal from a decision of the Supreme Court of Victoria (Keogh J) dismissing a summons seeking an order that the respondent, the State of Victoria, or the Supreme Court of Victoria provide the applicant with funding to pursue a claim for damages for injuries the applicant claimed to have suffered between 2003 and 2006 as a member of the Australian Defence Force.  

  2. On 6 March 2020, the applicant filed a summons seeking an order to adjourn the listing of this matter for determination to enable him further time in which to seek legal assistance.

  3. The applicant requires an extension of time within which to file the application for special leave to appeal. Not only has the applicant failed to exhaust his appeal rights in the Supreme Court of Victoria, the applicant advances no question of law sufficient to warrant a grant of special leave and there is no reason to doubt the correctness of the Supreme Court's judgment. It would therefore be futile to grant the extension that is sought or to grant the adjournment of the determination of the matter that is sought. Special leave should be refused.

  4. 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.

G.A.A Nettle M.M Gordon
11 March 2020
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High Court Bulletin [2020] HCAB 2

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