Fede v Walter Gray BY His Tutor New South Wales Trustee and Guardian

[2019] HCASL 180

FEDE

v

WALTER GRAY BY HIS TUTOR NEW SOUTH WALES TRUSTEE AND GUARDIAN

[2019] HCASL 180
S10/2019

1. The applicant seeks special leave to appeal from part of a decision of the Court of Appeal of the Supreme Court of New South Wales. The proposed appeal concerns the Court of Appeal's finding, by majority (Basten JA and Meagher JA; McColl JA dissenting), that the respondent did not intend to cause injury within the meaning of s 3B(1)(a) of the Civil Liability Act 2002 (NSW). That finding turned on the Court's assessment of the evidence before it, and no question of legal principle would properly arise on the proposed appeal. Accordingly, special leave to appeal should be refused.

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
15 May 2019 P.A. Keane