Bar-Mordecai v Hillston

[2005] HCATrans 77

[2005] HCATrans 077

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S553 of 2003

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 9.39 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. 

On 14 April 2003, Giles JA granted a stay and ordered a timetable in preparation for the hearing of an appeal filed by the applicant.  Subsequently the respondent obtained leave to file further written submissions.

The applicant seeks special leave to appeal from the Court of Appeal's dismissal of an application that the appeal be allowed.  The applicant's complaint was that the respondent, while he filed some written submissions in time, was part of a day late in serving them. 

There is no prospect of success in any appeal.

The applicant's 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 9.39 AM THE MATTER WAS CONCLUDED