Rule Details
OUGHTON v BOWDEN INSTITUTION
Rules Discussed
- Rule 3.68 Court options to deal with significant deficiencies
- Rule 9.4 Signing judgments and orders
Case Summary
This was an Application reviewed by Justice Henderson as being an Apparently Vexatious Application or Proceeding (“AVAP”). The Applicant was in prison and framed his Application as a habeas corpus matter. He alleged that his circumstances and treatment at the medium security Bowden Institution were a breach of his Charter rights. However, his Application did not identify an alleged illegal decision that caused him to experience a deprivation of residual liberty.
Pursuant to Civil Practice Note No 7, Justice Henderson ordered that the Applicant had 14 days to provide written submissions to the Court to “show cause” as to why the AVAP should not be struck pursuant to Rule 3.68.
Justice Henderson also ruled that the Applicant’s approval of the Order granted was dispensed with pursuant to Rule 9.4(2)(c).