Brookfield & Anor v Yevad Products Pty Ltd (formerly trading as Davey Products Pty Ltd)

[2007] HCATrans 554

[2007] HCATrans 554

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A4 of 2007

B e t w e e n -

IAN WALTER BROOKFIELD

First Applicant

SEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQUIDATION)

Second Applicant

and

YEVAD PRODUCTS PTY LTD (FORMERLY TRADING AS DAVEY PRODUCTS PTY LTD)

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2007, AT 9.18 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal against the orders of Mansfield J of the Federal Court of Australia.  By those orders the Judge dismissed the applicant's request for leave to appeal against the orders made by Mansfield J on 31 August 2006 that the applicant's motion for an order seeking inspection of a document be refused.

The application is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The application is misconceived and on either the sole purpose or the dominant purpose test the report was privileged.  The written submissions raise no arguable ground for the grant of special leave.  We see no reason to doubt the correctness of the conclusions reached by Mansfield J.

Further, from the decision of Mansfield J refusing leave to appeal, no appeal lies to this Court: Federal Court of Australia Act 1976 (Cth), s 33.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Justice Kiefel and myself.

AT 9.20 AM THE MATTER WAS CONCLUDED