Cape v Redarb Pty Limited

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant was Redarb Pty Limited, represented by Mr M.J. Neil, QC, and the respondents were represented by Mr P.M. Biscoe, QC. The dispute concerned objections raised by the respondents regarding the admissibility of certain material within the applicant's affidavit.

The primary legal issue before the Court was whether the material in the applicant's affidavit, which the respondents contended misstated the effect of the trial judge's findings or went outside the evidence presented at trial, should be included in the application. The respondents sought to have these objections noted and potentially ruled upon before the substantive application proceeded.

The Court, comprising Dawson J, Toohey J, and Gaudron J, indicated a preliminary approach to the objections. Dawson J suggested that the Court would note the objections at that stage and would only examine the offending material further if it became crucial to the special leave application. This approach was accepted by counsel for both parties, with the applicant's counsel expressing the view that the disputed matters would likely become irrelevant during the special leave application.