SECI 06203/2023 – Kant – Originating Motion (20 December 2023)
FORM 5B
Rules 5.02(2), 41.19(2), 45.05(2)(b)
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
Case: S ECI 2023 06203
Filed on: 09/12/2023 08:45 PM
No.
BETWEEN
JAN MAREK KANT
Plaintiff
-and-
THE INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY
Defendant
ORIGINATING MOTION BETWEEN PARTIES
(where commenced under Rule 45.05)
Date of Document: 20 December 2023
Filed on behalf of: The Plaintiff Telephone: 0450 827 208
Prepared by: The Plaintiff Email: jmjarosz01@gmail.com
3/33 Bewdley Street
Ormond VIC 3204
TO THE DEFENDANT
TAKE NOTICE that this proceeding by originating motion has been brought against you by the plaintiff for the relief or remedy set out below.
ALSO TAKE NOTICE that the plaintiff cannot continue with the proceeding except by order of the Court. You will be given notice by summons of any application for the order and until the summons is served you are not required to take any step in the proceeding.
FILED
Prothonotary
THIS ORIGINATING MOTION is to be served within one year from the date it is filed or within such
further period as the Court orders.
RELIEF OR REMEDY SOUGHT
The Plaintiff seeks orders commanding the Defendant to attend before the Court to be orally examined in relation to the description of persons concerned in answering each of the following questions:
- Who undertook covert examination of the Plaintiff or his affairs during the time of his employment by the Department of Defence?
- Who has undertaken covert experimentation with the Plaintiff?
- Who has interfered with the Plaintiff s right of access to the courts?
- Who caused these persons to undertake such examination, experimentation or interference?
These orders for relief as under 32.03(2) of the Supreme Court (General Civil Procedure) Rules 2015 are sought under 39(1) of the Charter of Human Rights and Responsibilities Act 2006 on grounds of unlawfulness of conduct of one or more public authorities arising under 38(1) of the Charter of Human Rights and Responsibilities Act 2006 by reason of cruel, inhuman or degrading treatment per Section 10 of the Charter of Human Rights and Responsibilities Act 2006 and fair hearing per Section 24 of the Charter of Human Rights and Responsibilities Act 2006.
The Plaintiff also seeks the award of costs of the amount paid by him to the Court in this proceeding.
- Place of trial
Melbourne - This originating motion was filed
by the plaintiff in person; - The address of the plaintiff is
3/33 Bewdley Street, Ormond VIC 3204 - The address for service of the plaintiff is
3/33 Bewdley Street, Ormond VIC 3204 - The email address for service of the plaintiff is
jmjarosz01@gmail.com - The address of the defendant is
Level 34, 600 Bourke Street, Melbourne VIC 3000