High Court of Australia
HIGH COURT OF AUSTRALIA
KIRBY J
IN THE MATTER OF AN EX PARTE
APPLICATION BY ANTHONY GILBERT MARTIN
FOR LEAVE TO ISSUE A PROCEEDING
Re Martin's Application
[2001] HCA 41
Date of Order: 28 May 2001
Date of Publication of Reasons: 11 July 2001
C9/2001
ORDER
Application refused.
Representation:
The applicant appeared in person.
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Re Martin's Application
High Court Practice - Leave to issue summons - Earlier direction by a Justice that Registrar refuse to issue summons without leave - Purposes of provisions in O 58 r 4(3) High Court Rules - Whether proposed summons clearly meritless or futile - Relevance of history of previous litigation and terms of relief sought - Applicable principles for grant of leave.
Practice and procedure - Frivolous and vexatious proceedings - High Court Practice - Direction of a Justice that Registrar should refuse to issue summons without leave of a Justice first had and obtained - Principles governing provision of such leave - Whether, if issued, relief claimed in summons meritless or futile
High Court Rules, O 58 r 4(3).
1. KIRBY J. For many years Mr Anthony Martin ("the applicant") and Mrs Sue Martin, his wife, have been in dispute with the liquidator of Individual Homes Pty Limited (In Liq). Mr and Mrs Martin wish to issue a summons out of this Court in which they have named that company in liquidation as the first respondent. In the summons they have also named the partners of a firm of solicitors, who have acted for the first respondent, as the second respondent. This is a course that was criticised in the court below. The applicant and his wife are not legally represented.
The summons propounded by the applicant
1. In the summons which the applicant presented to the Registrar for filing, he sought the following orders:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate