Edward Amos v Brisbane City Council

[2012] HCASL 159

EDWARD AMOS

v

BRISBANE CITY COUNCIL

[2012] HCASL 159
B47/2012

1. The applicant seeks special leave to appeal to this Court against orders of the Court of Appeal of the Supreme Court of Queensland (Fraser and Gotterson JJA and Douglas J) dismissing the applicant's appeal against orders of a single judge of the Supreme Court (Philippides J). By those orders Philippides J dismissed the applicant's application for an order pursuant to r 222 of the Uniform Civil Procedure Rules 1999 (Q) requiring the respondent (the Council) to produce certain documents which the applicant alleged were referred to in the Council's statement of claim.

2. Both the primary judge and the Court of Appeal concluded that the Council's pleadings did not, as the applicant had alleged, make clear and unambiguous reference to relevant documents.  These decisions were interlocutory decisions in a matter concerning practice and procedure.

3. It is not in the interests of justice generally or in this particular case that the applicant have the special leave he seeks.

4. Pursuant to r 41.10.5 of the High Court Rules 2004 the Registrar is directed to draw up, sign and seal an order that the application for special leave is dismissed.

K.M. Hayne
5 December 2012 S.M. Crennan