Gamester Pty Limited & Anor v Rural Press Limited

The High Court of Australia considered an application for special leave to appeal brought by Gamester Pty Limited and a second applicant, against Rural Press Limited, John Lindsay Parker, and Timothy Roy. The applicants failed to appear before the Court on the scheduled hearing date.

The primary legal issue before the Court was whether to dismiss the application for special leave to appeal due to the applicants' non-appearance. The Court also had to consider a defect in the formal order relating to the dismissal of the application, specifically an apparent error in referencing the relevant preceding orders.

The Court's reasoning was based on the established practice that an applicant's failure to appear at the hearing of their application for special leave typically results in the dismissal of that application. The presiding judge noted the absence of the applicants despite their names being called three times outside the courtroom. The Court also addressed a minor drafting issue in the formal order, which required amendment to accurately reflect the Court's intended orders.

The Court ordered the dismissal of the application for special leave to appeal, with costs awarded to the respondents.