Sayed v Principal Registrar of the High Court & Ors
[2023] HCASL 169
SAYED
v
PRINCIPAL REGISTRAR OF THE HIGH COURT & ORS
[2023] HCASL 169
M41/2023
The applicant has filed an application for constitutional or other writ seeking to require the Principal Registrar of this Court to accept a purported notice of appeal against a judgment of Steward J refusing the applicant's earlier application for a constitutional writ, which sought to overturn an interlocutory judgment of the Federal Court of Australia (O'Bryan J), on the grounds that it lacked reasonable prospects of success and was an abuse of process.
The judgment of Steward J was an interlocutory judgment.[1] The Deputy Registrar was correct to refuse to accept the applicant's notice of appeal on the basis that it was incompetent, as leave is required to appeal against an interlocutory judgment in accordance with s 34(2) of the Judiciary Act 1903 (Cth). The Deputy Registrar was acting pursuant to their power under r 1.10.4 of the High Court Rules 2004 (Cth) to refuse to accept a document lodged for filing if it appears that the document does not substantially comply with the Rules.
[1]Re Luck (2003) 78 ALJR 177; 203 ALR 1.
The application therefore does not disclose an arguable basis for the relief sought. Pursuant to r 25.09.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
J.J. Edelman J.S. Gleeson 9 November 2023