Doble Express Transport Pty Ltd (in Liquidation) v John L Pierce Pty Ltd

[2017] HCASL 125

DOBLE EXPRESS TRANSPORT PTY LTD (IN LIQUIDATION)

v

JOHN L PIERCE PTY LTD

[2017] HCASL 125
S19/2017

1. The proposed appeal would involve a reconsideration of the issues of fact considered by the Court of Appeal of the Supreme Court of New South Wales.  In addition, the trial judge's apportionment of liability 40/60 in favour of the applicant was not disturbed by the Court of Appeal.  No issue of principle arises, and the interests of the administration of justice do not warrant the grant of special leave to appeal.  An extension of time is necessary to enable the application to proceed.  It would be futile to grant an extension of time because the application should be dismissed. 

2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.J. Gageler
11 May 2017 P.A. Keane