Sydney Harbour Hovercraft Services Pty Ltd, In the matter of an application for leave to issue a proceeding

[2012] HCATrans 173

[2012] HCATrans 173

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S183 of 2012

In the matter of -

an application by SYDNEY HARBOUR HOVERCRAFT SERVICES PTY LTD for leave to issue a proceeding

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 2 AUGUST 2012, AT 9.31 AM

Copyright in the High Court of Australia

HIS HONOUR:   On 28 June 2012, a Justice of this Court directed the Registrar to refuse to issue or file a writ of summons, statement of claim and summons without the leave of a Justice first had and obtained by the party seeking to issue or file this material.  The proposed process seeks to challenge the validity of a suite of statutes of the Commonwealth which are identified compendiously as the Clean Energy Act 2011 (Cth) and as “the carbon tax” and to obtain injunctive relief. This material fails to frame any case in a form suitable for determination by a court. If the leave sought were to be granted, the proceeding then put on foot could not properly proceed to trial in this form. Accordingly, leave to issue is refused.

AT 9.33 AM THE MATTER WAS CONCLUDED