Brett Anthony Collins v Attorney General in and for the State of New South Wales

BRETT ANTHONY COLLINS
v
ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES
[2013] HCASL 202
S153/2013

In 2010, the applicant was the primary carer to a forensic patient ("A") detained under the Mental Health (Forensic Provisions) Act 1990 (NSW) and A's tutor for the purposes of proceedings in the Supreme Court of New South Wales. The proceedings were the hearing of A's application for leave to appeal against a determination of the Mental Health Review Tribunal on a review of arrangements for A's care, treatment and detention.
On 23 November 2010, the Supreme Court (Johnson J) allowed the applicant to carry on the proceedings without a solicitor. On 26 November 2010, Johnson J dismissed the application with costs, ordering that those costs could be recovered from the applicant.
In 2013, the applicant applied for an extension of time to file a summons for leave to appeal the costs order. On 9 July 2013, the Court of Appeal dismissed the application with costs. McColl JA, with whom Gleeson JA agreed, held that the applicant's delay in filing the application was egregious and that his explanation for the delay was unsatisfactory. Her Honour held that, in any event, the applicant did not have a fairly arguable case which would justify the grant of leave.
The application for special leave to appeal to this Court seeks to press the same complaints advanced below. An appeal to this Court would enjoy no prospects of success. Special leave is refused.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 December 2013 P.A. Keane

CaseChat Overview and Summary

The applicant, Brett Anthony Collins, sought special leave to appeal a decision made by the Court of Appeal of the Supreme Court of New South Wales, which dismissed his application for an extension of time to file a summons for leave to appeal a costs order made by the Supreme Court. The applicant was the primary carer of a forensic patient detained under the Mental Health (Forensic Provisions) Act 1990 (NSW) and had acted as the patient's tutor in appeal proceedings. The Supreme Court dismissed the patient's appeal and ordered that the costs of the proceedings be paid by the applicant. The applicant later sought an extension of time to appeal the costs order, but this was dismissed by the Court of Appeal.

The legal issues in this case centred around the applicant's right to seek an extension of time to appeal the costs order and whether the Court of Appeal's decision to dismiss the application for an extension of time was correct. The applicant argued that the Court of Appeal had erred in dismissing his application for an extension of time and that his delay in filing the application was excusable. The applicant also argued that he had a fairly arguable case which would justify the grant of leave. The High Court was required to determine whether the Court of Appeal's decision was correct and whether special leave should be granted.

The High Court held that the Court of Appeal's decision to dismiss the application for an extension of time was correct and that the applicant's delay in filing the application was egregious and unsatisfactory. The Court found that the applicant did not have a fairly arguable case which would justify the grant of leave. The Court also held that an appeal to the High Court would enjoy no prospects of success. Therefore, special leave was refused and the Registrar was directed to draw up, sign and seal an order dismissing the application.

This decision highlights the importance of timely filing of applications for extensions of time and the need for applicants to provide satisfactory explanations for any delays. It also underscores the High Court's reluctance to entertain appeals that have no prospects of success.

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