Barrak Corporation Pty Ltd v Jaswil Properties Pty Ltd as trustee for the Jaswil Unit Trust

[2016] HCASL 195

BARRAK CORPORATION PTY LTD

v

JASWIL PROPERTIES PTY LTD AS TRUSTEE FOR THE JASWIL UNIT TRUST

[2016] HCASL 195
S95/2016

1. The applicant seeks to advance a contention on appeal to this Court that would not merely add an argument not raised below to the case it presented; it would allow the applicant to mount a case distinctly contrary to that which it ran in both courts below.  Further, the new contention has not been considered by the Court of Appeal of the Supreme Court of New South Wales, and so this Court would not have the benefit of consideration of the point by that Court.  This application is therefore an unsuitable vehicle to agitate the ground now sought to be raised by the applicant.  In addition, the applicant's prospects of success on appeal are not sufficient to warrant the grant of special leave.  Special leave to appeal should be refused.

2. Pursuant to r 41.08.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V. M. Bell
31 August 2016 P. A. Keane