IN THE HIGH COURT OF AUSTRALIA
SYDNEY OFFICE OF THE REGISTRY
No: S92 of 2003.
John Wilson -v- St. George Bank Limited & State of New South Wales.
In the Matter of an Application by John Wilson for leave to issue a proceeding.
EX PARTE APPLICATION FOR LEAVE TO ISSUE A PROCEEDING
Heydon J
JUDGMENT:
On 14 February 2003 Gummow and Callinan JJ refused an application by the applicant for special leave to appeal. The main point advanced by the applicant, which he has advanced unsuccessfully to four judges in the Supreme Court of New South Wales, is that the claim of the St. George Bank to repossession of his land should have been tried by jury.
On 28 February 2003 the applicant filed a Notice of Motion seeking a re-hearing of the special leave application.
On 6 March 2003 Kirby J directed the Registrar to refuse to file that application without the leave of a Justice.
On 14 March 2003 the applicant applied for that leave.
The applicant's supporting affidavit, filed on 14 March 2003, does not advance any valid reason why that leave should be granted. It is not a coherent document. However, one point it does make is that two Justices do not constitute the Full Court. Two Justices suffice for the hearing of special leave applications, however, and for that purpose are a Full Court: Judiciary Act 1903 (Cth) s. 19. Nothing else in the affidavit assists the application.
Leave to file the application is refused.
This page and the prceding page comprise my reasons for judgment In the Matter of an Application for Leave to Issue Process by John Wilson.
(signed) J D Heydon.
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