Stanislawa Bahonko v Attorney-General for the State of Victoria

[2013] HCASL 85

STANISLAWA BAHONKO

v

ATTORNEY-GENERAL FOR THE STATE OF VICTORIA

[2013] HCASL 85
M16/2013

1. The applicant was charged with a series of offences allegedly committed on 7 October 2010 involving assaulting police, resisting police, refusing or failing to state her name and address, wilfully trespassing in a public place and using indecent language in a public place.  The applicant was convicted on 27 August 2012 in the Magistrates' Court of Victoria and fined $500 in aggregate for all offences.  The applicant sought to appeal to the Supreme Court of Victoria against her conviction and fine. 

2. On 16 September 2011, the Supreme Court of Victoria (Forrest J) declared the applicant to be a vexatious litigant under s 21 of the Supreme Court Act 1986 (Vic) and prohibited her from commencing any legal proceeding in that Court without leave. Consequently, the applicant was required to obtain leave in order to file her proposed notice of appeal.

3. On 22 November 2012, the Supreme Court (Garde J) refused her application for leave to commence or continue proceedings. His Honour did so on the basis that no arguable error emerged from the applicant's material, and the proposed appeal was hopeless and foredoomed to fail.

4. On 1 February 2013, the Court of Appeal of the Supreme Court of Victoria (Neave JA and Vickery AJA) refused the application for leave to appeal against the decision of Garde J.  Having regard to the applicant's affidavit, written submissions, the decision in the Supreme Court and the history of the proceedings, the Court of Appeal concluded that the applicant had not raised any arguable legal error upon which a viable appeal could proceed. 

5. The applicant seeks special leave to appeal to this Court.  The grounds relied upon by the applicant disclose no reason to doubt the correctness of the decision of the Court of Appeal.  Special leave should be refused.

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

S.M. Kiefel
5 June 2013 P.A. Keane