Emson Nyoni v Murray Patterson

[2013] HCASL 45

EMSON NYONI

v

MURRAY PATTERSON & ANOR

[2013] HCASL 45
P41/2012

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of Western Australia (Pullin, Buss and Murphy JJA).  The Court of Appeal concluded that a proposed re‑pleaded statement of claim which the applicant sought to file disclosed no arguable cause of action against the first respondent and that the action against the first respondent should be dismissed.  The Court of Appeal concluded that the applicant should have leave to re‑plead his claims against the second respondent.

2. The principles to be applied in deciding the issues before the Court of Appeal are well‑settled.  The applicant identifies no arguable error in the application of those principles.

3. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. An appeal to this Court would enjoy no prospect of success.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 April 2013 S.M. Crennan