ARTHUR LETTS V. THE COMMONWEALTH OF AUSTRALIA AND ORS
High Court of Australia
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HIGH COURT OF AUSTRALIA
MASON C.J.
BRENNAN, DEANE, DAWSON AND GAUDRON JJ.
ARTHUR LETTS APPELLANT
(In person)
AND
THE COMMONWEALTH OF AUSTRALIA AND ORS RESPONDENTS
ORDER
Appeal dismissed.
15 October 1992
F.C. 92/038
Notice: This copy of the Court's Reasons for
Judgment is subject to formal revision prior
to publication in the Commonwealth Law
Reports.
MASON C.J., BRENNAN, DEANE, DAWSON AND GAUDRON JJ. This is an appeal
againot a docision of McHugh J. in which he dismissed an application
by the appellant seeking relief against various respondents. The
principal relief sought was:
"an Order Absolute directed to the Respondents named in
the Application for the Principal Registrar to accept and
issue according to the known laws of Australia for the
administration of Criminal Justice; of Mandamus: to the
Respondents to administer complete justice to the Applicant
and equality before the law in the dispute with the
Respondents denying the Applicant's human and legal rights.
And further for Orders that:
A. Attorney-Generals observe their duty to make Federal
and State Parliaments aware of the dispute to remedy
the Applicant's grievances against the assumption
of a pretended legislative and executive power to
dispense with and suspend the Constitution and laws
of Australia and the Common law;
B. That the exercise of jurisdiction by successive
governments representing different classes of people
over the extent of their delegated authority to
dispense with and suspend the basic principles of
democracy without the approval of a majority of
electors exceeds the legislative and executive power
and is invalid from the moment of its inception;
c. That the Respondents observe the human and legal right
of the Applicant to legal aid to prepare and be
represented before the High Court with a Jury to
resolve the dispute over the delegated legislative
and executive authority and its extent;
D. That the declarations, judgments, doings and
proceedings enforced against the Applicant are matters
justiciable are questions of law and fact mandatory
for removal to the original jurisdiction of the High
Court Jury."
Mr Letts' complaints appear to relate to his conviction in 1981 for
offences against the Crimes Act 1914 (Cth) in relation to obtaining
two pensions. Since that date amounts have been deducted from his
pension to recover the moneys wrongly paid to him. It appears also
that the appellant seeks to challenge his conviction in 1981 for those
offences. Reference is also made to earlier convictions going back
to 1956.
Mason CT
Brennan J
Deane J
Dawson J
Gaudron J
2.
In his reasons for judgment, McHugh J. stated that the
relationship between the grievances and the orders which were sought
in the application was not readily apparent to him. The relationship
between the grievances and the orders sought is no more apparent to
us. Having considered what Mr Letts has put forward in writing and
orally in support of his appeal, we are convinced that the decision of
McHugh J. was clearly correct. None of the orders sought is an order
that this Court could properly make.
The appeal must be dismissed.
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