Wilson v Raddatz

[2007] HCATrans 558

[2007] HCATrans 558

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B14 of 2007

B e t w e e n -

GREGORY WILSON

Applicant

and

WARREN NEIL RADDATZ

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2007, AT 9.24 AM  

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal against the orders of the Court of Appeal of the Supreme Court of Queensland refusing leave to appeal out of time against the orders of a single judge of the District Court of Queensland (Brabazon DCJ).  By those orders Brabazon DCJ dismissed an appeal by the applicant against a penalty for breach of the Integrated Planning Act 1997 (Qld) for starting an assessable development, namely clearing of native vegetation on freehold land without a development permit, imposed by Magistrate W J Smith in the Magistrates Court at Hervey Bay.

The Court of Appeal rejected the applicant’s argument that the Act did not apply to freehold land held in fee simple and that the complainant lacked authority.

The application is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

We see no reason to doubt the correctness of the decision appealed from.  The applicant’s reliance on various international instruments is misconceived.  The balance of the matters raised by the applicant were not raised below and the administration of justice does not require this Court to consider them.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Justice Kiefel and myself.

AT 9.25 AM THE MATTER WAS CONCLUDED