Tarik - Appn by

Case

[1998] HCATrans 312

No judgment structure available for this case.

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A25 of 1998

In the matter of -

An application for leave to issue process by EERO TARIK

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 8 SEPTEMBER 1998, AT 9.16 AM

Copyright in the High Court of Australia

McHUGH J:   This matter involves an application by Mr Eero Tarik for leave to issue a writ of summons and statement of claim against the Commonwealth and the State of South Australia. 

On 10 June 1998 Justice Hayne gave a direction to the Registrar under Order 58 rule 4(3) of the High Court Rules to refuse to issue the applicant’s proposed writ of summons and statement of claim without the leave of a Justice first had and obtained by the applicant.  The application now comes before me for the grant of leave.  However, I refuse leave to issue the writ of summons and statement of claim.  I publish my reasons for doing so.

The order of the Court is the application for leave to issue the writ of summons and statement of claim is refused.

Adjourn the Court.

AT 9.18 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Stay of Proceedings

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