CMT Construction of Metropolitan Tunnels v National Employers' Mutual General Insurance Association Limited

CMT Construction of Metropolitan Tunnels (CMT) sought special leave to appeal out of time from a judgment of the Full Court of the High Court of Australia. The dispute concerned the interdependent liabilities of CMT, National Employers' Mutual General Insurance Association (NEM), and the Transport Accident Commission (TAC). The Full Court had previously found that the TAC was not liable beyond the extent of a judgment in an original jury action, which consequently meant CMT had no liability to NEM. However, the Full Court had declined to make orders regarding NEM's position vis-à-vis CMT because CMT had not applied for leave to appeal nor delivered a notice of appeal.

The legal issues before the High Court were whether to grant CMT leave to bring its application for special leave out of time, and if so, whether to grant special leave to appeal. The ultimate aim of CMT's application was to regularise the position and enable the Court to consider proposed minutes of consent orders addressing the liabilities of all parties involved.

CMT relied on an affidavit to support its application. The Court, having read the affidavit and noting that the application was not opposed by NEM or the TAC, granted leave to bring the application for special leave out of time. The Court further granted special leave to appeal in accordance with the application. The question of costs for this application was reserved, with the implication that CMT would ultimately receive its costs.