Bar-Mordecai v Hillston

[2005] HCATrans 82

[2005] HCATrans 082

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S145 of 2004

B e t w e e n -

MICHAEL BAR-MORDECAI

Applicant

and

ALLAN HILLSTON

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.41 AM

Copyright in the High Court of Australia

McHUGH J:   On 28 February 2003, Bryson J made orders for the restoration of benefits worth over $3 million received by the applicant from a patient of his, now deceased, to her estate.  This is an application for special leave to appeal from orders of the New South Wales Court of Appeal in part dismissing the applicant's appeal from the orders of Bryson J.

If special leave were granted, the appeal would require analysis of financial transactions and of other relations between the applicant and his patient going back nearly 20 years.  Two courts have already conducted this analysis.  There is no reason to think that the Court of Appeal's conclusions are wrong or that the applicant's allegations of a denial of natural justice and other procedural errors have any merit.  There is no point in the application that would justify this Court granting special leave. 

The application for special leave is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.41 AM THE MATTER WAS CONCLUDED