Baxter & Ors v Gerrard & Ors
[2023] HCASL 82
BAXTER & ORS
v
GERRARD & ORS
[2023] HCASL 82
B3/2023
The applicants seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland (Morrison and Flanagan JJA; Davis J dissenting) dismissing an appeal from a decision of a single judge of that Court (Dalton J).
There is no apparent utility in the proposed ground of appeal and the Court of Appeal diverged only on the application of well-established factors for the characterisation of an exercise of power as administrative in character. Therefore it is not in the interests of the administration of justice to grant special leave to appeal.
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.
S.J. Gageler J.S. Gleeson 18 May 2023
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