Roxanne Marie McCardle v Michael Thomas McCardle

[2014] HCASL 213

ROXANNE MARIE MCCARDLE

v

MICHAEL THOMAS MCCARDLE

[2014] HCASL 213
P28/2014

1. On 20 March 2013, the Magistrates Court of Western Australia (Magistrate Fisher) dismissed the applicant's application for a violence restraining order as an abuse of process. The applicant appealed to the District Court of Western Australia (Fenbury DCJ). The appeal was struck out pursuant to s 43(3) of the Magistrates Court (Civil Proceedings) Act 2004 (WA) on the basis that "the likely costs of the appeal were it to proceed further would be disproportionate to the nature of the case which is the subject of the appeal"[1]. 

   [1]McCardle v McCardle [2013] WADC 182 at [24].

2. The applicant filed a notice of appeal in the Court of Appeal of the Supreme Court of Western Australia.  She also sought an order extending the time in which to file the notice.  On 15 July 2014, the Court of Appeal (Murphy JA and Edelman J) refused to grant the extension and dismissed the appeal[2].

   [2]McCardle v McCardle [2014] WASCA 129.

3. The applicant applies for special leave to appeal. The applicant does not have legal representation and her application falls to be determined under r 41.10 of the High Court Rules 2004 (Cth).

4. The Court of Appeal applied settled principles of law in the exercise of a procedural discretion.  The prolix materials filed in support of the application do not identify any question suitable for the grant of special leave nor are the interests of the administration of justice engaged by the application.

5. The application is dismissed.

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

7          V.M. Bell

8          10 December 2014

9          S.J. Gageler

10