Simon Margan v NSW Director of Public Prosecutions

[2014] HCASL 67

SIMON MARGAN

v

NSW DIRECTOR OF PUBLIC PROSECUTIONS & ANOR

[2014] HCASL 67
S285/2013

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Macfarlan and Meagher JJA) refusing the applicant leave to appeal against orders made by a single judge of the Common Law Division of the Supreme Court (Grove AJ).

2. By those orders, Grove AJ dismissed the applicant's claim for orders against the Director of Public Prosecutions of New South Wales and the Attorney‑General for the State of New South Wales. In effect, the applicant had sought a declaration that the advice the Director gave to the Attorney‑General, that certain proceedings which the applicant said should be brought under s 49ZTA of the Anti‑Discrimination Act 1977 (NSW) were out of time, was incorrect.

3. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. There is no reason to doubt the conclusions reached by Grove JA and the Court of Appeal that the proceedings which the applicant sought to have instituted were out of time.  An appeal to this Court would enjoy no prospect of success.

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

K.M. Hayne
2 April 2014 S.M. Crennan