Bomanite Pty Limited & Ors v Slatex Corp Aust Pty Limited

This matter concerns an application for special leave to appeal to the High Court of Australia. The applicants, Bomanite Pty Limited and others, sought leave to appeal against a decision of a lower court. The respondents were Slatex Corp Aust Pty Limited and others, with the exception of the second respondent, who had ceased to act and taken no part in the proceedings. The core of the dispute revolved around a refusal to grant an adjournment and a subsequent judgment against the applicants.

The legal issues before the High Court included whether the applicants had grounds for special leave to appeal, particularly in light of a broader point of public importance that had not previously been considered by the Court. A significant procedural consideration was the impact of a recently filed appeal against the decision not to adjourn and the judgment itself, which had been lodged out of time and required leave. The Court also considered the potential implications of any orders made by the Full Court of the Federal Court regarding the refusal to grant an adjournment.

The applicants argued that the evident injustice to them, coupled with the broader point of public importance, constituted sufficient grounds for special leave. They contended that if their application for special leave were dismissed, their pending appeal would be rendered hopeless. The Court was asked to consider whether granting special leave would allow the appeal and the application for leave to appeal to be stood over for determination alongside the High Court's consideration of the broader legal question. The Court noted the possibility that the Full Court might grant an adjournment, but also acknowledged the unlikelihood of this occurring if the evidence in question had already been deemed inadmissible.