Coleman v Kinbacher & Anor

[2005] HCATrans 179

[2005] HCATrans 179

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B13 of 2004

B e t w e e n -

PATRICK JOHN COLEMAN

Applicant

and

CONSTABLE ANDREW KINBACHER

First Respondent

CONSTABLE ANTHONY MARINOV

Second Respondent

Application for special leave to appeal

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON MONDAY, 21 MARCH 2005, AT 11.49 AM

Copyright in the High Court of Australia

MR P.J. DAVIS:   I appear on behalf of the respondents, your Honour.  (instructed by Queensland Police Service Solicitor)

GUMMOW J:   Yes, Mr Davis.  There is no oral argument to be provided here and we have been furnished with written submissions.  Yes, we do not need to call on you further, Mr Davis. 

Having regard to the statements of principle now made by this Court in Coleman v Power (2004) 78 ALJR 1166, there are insufficient prospects of success of reaching in this Court a different outcome to that reached in the Queensland Court of Appeal. Accordingly, special leave is refused.

Is there a costs question? 

MR DAVIS:   No, your Honour. 

GUMMOW J:   Special leave is refused.  The Court will now adjourn until Tuesday, 5 April, at 10.15 am in Canberra. 

AT 11.50 AM THE MATTER WAS CONCLUDED