Zhong v Attorney-General of Victoria

ZHONG
v
ATTORNEY-GENERAL OF VICTORIA
[2025] HCADisp 88
M12/2025
M13/2025

The applicant seeks special leave to appeal in two related matters from a judgment of the Court of Appeal of the Supreme Court of Victoria (Niall, Boyce and Kenny JJA) refusing the applicant's application in proceeding No. S EAPCI 2020 0061 for leave to appeal from the decision of the Supreme Court of Victoria (Croucher J); and refusing the applicant's application in proceeding No. S EAPCI 2023 0123 for leave to appeal from the decision of the Supreme Court of Victoria (Ginnane J). The applicant has also filed a notice of a constitutional matter in each matter.
Nothing in the applications for special leave to appeal, or in the notices of a constitutional matter raise any doubt about the correctness of the Court of Appeal's judgment. No genuine constitutional issues arise. An appeal to this Court would not enjoy any prospects of success.
Special leave to appeal is refused.
Edelman J
Gleeson J
8 May 2025

CaseChat Overview and Summary

The applicant in this case, Zhong, sought special leave to appeal from two judgments of the Court of Appeal of the Supreme Court of Victoria. These judgments related to decisions by the Supreme Court of Victoria, one made by Croucher J and the other by Ginnane J. Zhong filed applications for leave to appeal these decisions, and subsequently, filed notices of constitutional matters in both applications. The primary issue before the High Court was whether special leave to appeal should be granted to Zhong to challenge the Court of Appeal's decisions.

The High Court considered whether the applications for special leave to appeal raised any genuine constitutional issues or doubts about the correctness of the Court of Appeal's judgments. The Court examined the content of the applications and the notices of constitutional matters but found no valid grounds for questioning the correctness of the Court of Appeal's decisions or identifying any genuine constitutional issues. Consequently, the Court concluded that an appeal to the High Court would not have any prospects of success.

In light of the findings that no genuine constitutional issues were present and that an appeal would not enjoy any prospects of success, the High Court refused the application for special leave to appeal. Edelman and Gleeson JJ delivered the judgment, which was handed down on 8 May 2025. The refusal of special leave to appeal means that the decisions of the Court of Appeal of the Supreme Court of Victoria stand affirmed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established