Amos v Wiltshire

[2018] HCASL 115

AMOS

v

WILTSHIRE

[2018] HCASL 115
B73/2017

1. This application for special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Queensland (Gotterson and Morrison JJA, and Flanagan J) does not raise any issue of general principle, and concerns only a question of practice and procedure.  The proposed appeal has no prospect of success.  The application should be dismissed.

2. The respondent seeks an order that the costs be taxed on an indemnity basis, for the asserted reason that the application fails to address the correctness of the Court of Appeal's decision to dismiss the appeal.  Neither the grounds of the application nor the submissions alleging error in the decision of the Court of Appeal are so unreasonable as to justify an exceptional order for indemnity costs.

3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

M.M. Gordon
9 May 2018 J.J. Edelman