Wilson, In the matter of an application for leave to issue or file

[2023] HCATrans 58

[2023] HCATrans 058

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S41 of 2023

In the matter of -

an application by JOHN WILSON for leave to issue or file

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 11 MAY 2023, AT 9.30 AM

Copyright in the High Court of Australia

HIS HONOUR:   By application filed on 27 April 2023, the applicant seeks leave to issue or file an application for constitutional writs or other relief.  For the reasons that I now publish, I would dismiss the application.  The orders are:

1.The application for leave to issue or file an application for constitutional writs or other relief, filed on 27 April 2023, be dismissed.

I publish those orders.  I direct that the reasons as published by incorporated into the transcript.

On 21 April 2023, Jagot J, acting under r 6.07.2 of the High Court Rules 2004 (Cth), directed the Registrar of this Court to refuse to issue or file an application by Mr Wilson, for constitutional writs or other relief, without first obtaining the leave of a Justice of this Court. Mr Wilson now applies, ex parte under r 6.07.3 of the High Court Rules for that leave.

The proposed relief sought by Mr Wilson is, as expressed verbatim, that “a Writ of Quo Warranto be served upon the Defendant, David John Hurley, requiring him to show by what warrant the Office of Governor‑General of the Commonwealth of Australia to a jury of the court”.

Mr Wilson’s concise statement of the grounds of his proposed application and the contents of his affidavit are incapable of rational legal argument and his proposed application is manifestly hopeless[1].  There is no possibility that any oral submissions in this Court could further advance his application for leave to issue or file the proposed application.  The proposed application, if filed, would be an abuse of process on its face and should not be issued or filed[2]. Mr Wilson’s application for leave to issue or file the proposed application for constitutional writs or other relief should be dismissed on the papers without listing it for an oral hearing under r 13.03.1 of the High Court Rules.

[1]    Citta Hobart Pty Ltd v Cawthorn (2022) 96 ALJR 476 at 486‑487 [35], 487 [37], 494 [72]-[73]; 400 ALR 1 at 10, 11, 20.

[2]    See High Court Rules 2004(Cth), r 6.07.1; Re Young (2020) 94 ALJR 448 at 451 [11]-[12]; 376 ALR 567 at 570.

AT 9.31 AM THE MATTER WAS CONCLUDED