Bhagat v Cowley Hearne Solicitors and Others S203/1999

[2000] HCATrans 613

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S203 of 1999

B e t w e e n -

HARI BHAGAT

Applicant

and

COWLEY HEARNE SOLICITORS

First Respondent

GRANT SMITH
TYNDALL FUNDS MANAGEMENT (NSW) LIMITED
TYNDALL FUNDS MANAGEMENT AUSTRALIA LIMITED
MICHAEL WILKINS
SIR RON BRIERLEY
GARY WEISS

Second to Seventh Respondents

Application for special leave to appeal

McHUGH J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 17 OCTOBER 2000, AT 2.08 AM

Copyright in the High Court of Australia

________________

MR R.D. WILSON:   May it please the Court, I appear for the first respondent.  (instructed by Ebsworth & Ebsworth)

MR I.R. PIKE:   I appear for the second to seventh respondents.  (instructed by Mallesons Stephen Jaques)

McHUGH J:   Officer, would you call the applicant, again, outside the Court three times.

COURT OFFICER:   No response, your Honour.

MR WILSON:   It is my application that the application for special leave be dismissed, and we do seek costs including the reserved costs of the last occasion.

McHUGH J:   Yes.  Do you make the same application, Mr Pike?

MR PIKE:   We do, and we rely upon our summary of argument.

McHUGH J:   Yes. 

There is no appearance for the applicant in this matter.  However, the Court has carefully read the submissions filed on behalf of the applicant in his summary of argument, together with the supporting materials relied on in support of that application. 

Having considered the matter, the Court is of the view that the decision of the Court of Appeal was correct and that an appeal to this Court would have absolutely no prospects of success.  In those circumstances, the application must be dismissed with costs.

AT 2.10 PM THE MATTER WAS CONCLUDED