Aakash Kumar And Aloke Kumar v Mala Bathini And Anil Bathini

[2014] HCASL 183

AAKASH KUMAR AND ALOKE KUMAR

v

MALA BATHINI AND ANIL BATHINI

[2014] HCASL 183
M32/2014

1. The respondents sued the applicants in the County Court of Victoria claiming $20,000 for money lent and claiming damages for misleading or deceptive conduct contrary to the Fair Trading Act 1999 (Vic).

2. At trial, Judge Shelton gave judgment for the respondents on both claims.  The applicants appealed to the Court of Appeal of the Supreme Court of Victoria.  That Court (Nettle and Tate JJA and McMillan AJA) dismissed the appeal.

3. The applicants now seek special leave to appeal to this Court. Because the applicants are unrepresented, their application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. There is no reason to doubt the correctness of the conclusions reached by the Court of Appeal.  The issues between the parties turned on questions of fact determined by the trial judge by reference to the credibility of witnesses.  No point of principle would fall for consideration if special leave were granted.  An appeal to this Court would enjoy no prospect of success.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
15 October 2014 S.M. Crennan