Barker v Perpetual Trustees Australia Ltd

[2005] HCATrans 826

[2005] HCATrans 826

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A19 of 2004

B e t w e e n -

KENNETH BARKER

Applicant

and

PERPETUAL TRUSTEES AUSTRALIA LIMITED

First Respondent

DEVINE PIONEER HOMES ADELAIDE

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 7 OCTOBER 2005, AT 9.02 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant was the mortgagor of a property in South Australia.  The first respondent was the mortgagee, and the second respondent was the builder employed by the applicant to construct a house on the land. 

There have been several judicial determinations in relation to this matter.  In the Form 61 Application for Special Leave to appeal to this Court, the only decision from which the applicant seeks special leave to appeal is the decision in relation to costs, given on 11 March 2004. However, the Reasons for Leave to Appeal to be granted and the draft Notice of Appeal and Summary of Argument also refer to other decisions.  In total, the applicant appears to seek special leave to appeal against five decisions given by courts in South Australia.  The submissions in the written case do not disclose any error of law that would warrant the grant of special leave to appeal.  They contain a good deal of factual material and allegations but they do not assist the applicant in showing that the decisions he seeks to impeach are defective in law.  There is nothing in them or in the judgments in the Application Book to suggest the existence of any basis for the grant of special leave to appeal.  Accordingly, the application must be refused. 

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 9.03 AM THE MATTER WAS CONCLUDED