Trevor Kingsley Ferdinands v Minister for Defence

[2011] HCASL 169

TREVOR KINGSLEY FERDINANDS
v
MINISTER FOR DEFENCE
[2011] HCASL 169
A18/2011

1. This is an application for leave to appeal against orders made by Crennan J on 15 June 2011 dismissing the plaintiff's application for an order to show cause which he sought against the Minister for Defence, and directing that the plaintiff pay the defendant's costs.

2. The origins of the proceedings lie in the conviction of the plaintiff, who was then a Corporal in the Australian Defence Force, on 4 November 1999 by a Defence Force Magistrate of assaulting an inferior officer.  An appeal to the Defence Force Discipline Appeal Tribunal ("the Tribunal") was dismissed.  On 30 November 2004 the plaintiff was discharged from the Australian Defence Force.  Since the dismissal of the appeal by the Tribunal there has been an appeal to the Federal Court of Australia which was dismissed for want of prosecution; an application for special leave to appeal against that decision which was deemed to have been abandoned on 1 October 2003; an application for an order to show cause in this Court which was remitted to the Federal Court of Australia; a dismissal of that application by Lander J; a refusal of leave to appeal by Mansfield J; a further application for an order to show cause in this Court; a dismissal of it by Hayne J; a refusal of leave to appeal from that order; and the commencement of further proceedings in this Court.  Those further proceedings were the proceedings dismissed by Crennan J on 15 June 2011.

3. Crennan J correctly stated that the documents which the plaintiff has filed in support of his application to her are prolix and embarrassing in form, and disclose no arguable basis for a grant of the relief sought.  She also correctly stated that the proceedings constituted another attempt by the plaintiff to challenge his conviction, in respect of which he has exhausted all avenues of appeal.

4. There is no basis for thinking that if leave were granted a Full Court would disagree with Crennan J. 

5. The application is dismissed.

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

J.D. Heydon
26 October 2011 V.M. Bell