Li Wang & Anor v State of New South Wales

[2012] HCASL 10

LI WANG & ANOR
v
STATE OF NEW SOUTH WALES
[2012] HCASL 10
S351/2011

1. The applicants seek special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Campbell JA and Handley AJA) dismissing the applicants' application for leave to appeal against orders of a single judge of the Supreme Court of New South Wales (Schmidt J).

2. On 23 June 2011, Schmidt J delivered reasons for judgment in relation to several notices of motion filed in proceedings against the respondent.  Whilst the reasons given foreshadowed orders dismissing in part the applicants' notices of motion and statement of claim, her Honour did not make such orders on that occasion.  On 18 August 2011, after the applicants failed to attend multiple hearings in the proceedings, Schmidt J made orders dismissing the applicants' notices of motion and statement of claim.  The applicants sought leave to appeal against orders which they claimed were made by Schmidt J on 23 June 2011.  On 29 September 2011, after giving the applicants an opportunity to amend their application for leave to appeal, which the applicants declined to take, the Court of Appeal dismissed the application on the basis that Schmidt J had not made orders of the type sought to be appealed against on 23 June 2011.

3. As the applicants are unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. The applicant's written submissions do not advance any questions of law which would justify a grant of special leave to appeal.  There is no reason to doubt the correctness of the decision of the Court of Appeal below.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
9 February 2012 S.M. Crennan