Denmeade v Stingray Boats

[2005] HCATrans 70

[2005] HCATrans 070

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B82 of 2003

B e t w e e n -

PHILIP DENMEADE

Applicant

and

STINGRAY BOATS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.37 AM

Copyright in the High Court of Australia

McHUGH J:   This is an application for special leave to appeal against a decision of the Full Federal Court substantially dismissing an appeal against a judgment of Spender J in favour of a boat repairer against a boat owner for $21,500.  It raises a question about whether a compromise between the owner and the repairer by which the repairer threatened not to release the boat unless he was paid a sum of money is vitiated by economic duress.

The appeal would have no prospects of success and the application is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.37 AM THE MATTER WAS CONCLUDED