Campion v Paikos

Case

[1990] HCATrans 188


Details
AGLC Case Decision Date
Campion v Paikos [1990] HCATrans 188 [1990] HCATrans 188

CaseChat Overview and Summary

In the High Court of Australia, the applicant, represented by Mr D. Trim, sought special leave to appeal. The respondent was represented by Ms F. Nelson, QC, and Ms J. Paliós. The dispute concerned a legal question identical to that raised in the case of *Gogic v MBP*, which had already been granted special leave to appeal and was pending before the High Court.

The applicant's primary legal issue was whether the High Court should grant special leave to appeal. However, the applicant indicated a desire to defer this application, preferring to await the outcome of the *Gogic v MBP* appeal. The applicant expressed a willingness to be bound by the decision in *Gogic v MBP*, only seeking to be heard if the applicant in that case failed to overcome a procedural hurdle.

The Court, presided over by Brennan J, acknowledged the applicant's submission and the identical nature of the legal question to *Gogic v MBP*. The Court considered the applicant's request to adjourn the special leave application, with the respondent having no objection. The Court then made orders for the application for special leave to stand adjourned, with liberty granted to either party to restore the matter to the list upon seven days' notice to the other party and to the Court.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Stay of Proceedings

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