Wilson, In the matter of an application for leave to issue or file

The applicant, John Wilson, sought leave from the High Court of Australia to issue or file an application for constitutional writs or other relief. This application followed a direction by Jagot J, under rule 6.07.2 of the High Court Rules 2004 (Cth), that the Registrar refuse to issue or file Mr Wilson's proposed application without first obtaining leave. Mr Wilson applied ex parte under rule 6.07.3 for this leave.

The legal issue before the Court was whether to grant Mr Wilson leave to issue or file his proposed application. The proposed relief sought was a Writ of Quo Warranto directed to the Governor-General of the Commonwealth of Australia, requiring him to demonstrate the warrant for his office.

The Court dismissed Mr Wilson's application for leave. His Honour found that the grounds of the proposed application and the contents of his supporting affidavit were incapable of rational legal argument, rendering the proposed application manifestly hopeless. The Court concluded that the proposed application, if filed, would be an abuse of process on its face and therefore should not be issued or filed. Consequently, the application for leave was dismissed on the papers without an oral hearing.