Cotterill v Romanes
[2022] HCASL 103
COTTERILL
v
ROMANES & ANOR
[2022] HCASL 103
M80/2021
This application for removal into this Court of the whole of the cause pending in an application to the Court of Appeal of the Supreme Court of Victoria for leave to appeal the judgment of the trial judge should be refused. At present, leave to appeal has not yet been granted by the Court of Appeal, and it is not apparent why this Court, rather than the Court of Appeal, should determine whether leave should be granted. In any event, the issues that would arise on the appeal, if leave were to be granted, are capable of being decided by the Court of Appeal. There is no reason of urgency to interrupt the ordinary processes of the administration of justice. Further, the issues in contest between the parties include a dispute as to the import of evidence given at trial and the correctness of findings of fact of the trial judge. These matters should be resolved by the Court of Appeal.
Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
P.A. Keane J.S. Gleeson 12 May 2022
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