Dimitrov v The Supreme Court of VictoriaCitation:[2017] HCA 51Before:Edelman JDate:01 Dec 2017Case Number:S204/2017Read more
The High Court declined to issue constitutional writs, holding that the plaintiff should have sought leave to appeal to the Court of Appeal of the Supreme Court of Victoria, and that the original jurisdiction of the High Court was not appropriately invoked.
- Parties
- Plaintiff: Plaintiff; Defendant: Defendants
- Jurisdiction
- Australia
- Judgment Date
- 01 December 2017
- Procedural Posture
- Original Jurisdiction Application / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Constitutional Writs, Federal Jurisdiction, Group Proceedings, Appeals, Settlement Approval
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiff
Plaintiff
Defendants
Defendant
Procedural Posture
Original Jurisdiction Application / Judgment
Legal Issues
- 1 Whether the Supreme Court of Victoria acted beyond power in approving the settlement in federal jurisdiction
- 2 Whether constitutional writs should issue against a judge of the Supreme Court of Victoria
- 3 Whether the High Court's original jurisdiction should be invoked instead of appeal to the Court of Appeal of the Supreme Court of Victoria
Ratio Decidendi
The High Court declined to issue constitutional writs, holding that the plaintiff should have sought leave to appeal to the Court of Appeal of the Supreme Court of Victoria, and that the original jurisdiction of the High Court was not appropriately invoked.
Court Disposition
Application dismissed
Orders
- Application for constitutional writs dismissed
- No order as to costs
Full Case Text
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