Gao v Mack Towing Transport Pty Ltd & Anor

[2007] HCATrans 561

[2007] HCATrans 561

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M16 of 2007

B e t w e e n -

PENG YUAN GAO

Applicant

and

MACK TOWING TRANSPORT P/L

First Respondent

DAVID SPRATT

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2007, AT 9.28 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal against the decision of the Court of Appeal of the Supreme Court of Victoria refusing leave to appeal from the decision of a Judge in the Practice Court.  The decision in the Practice Court affirmed the decision of a Master of the Court dismissing the applicant’s appeal from a decision of the Magistrates Court of Victoria for want of identification of any questions of law.  In the Magistrates Court the applicant’s claim for damages resulting from a motor vehicle accident had been dismissed with costs, as the applicant had presented insufficient evidence to discharge his burden of proof.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant's written submissions do not advance any question of law that would justify a grant of special leave to appeal, nor has he sought to identify any error in the decision of the Court of Appeal.  The Magistrate’s decision turned on the basis that he was not satisfied on the evidence that the applicant had discharged his burden of proof.  No error of law has been established by the applicant with respect to that decision.  We see no reason to doubt the correctness of conclusions reached in the courts below.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Justice Kiefel and myself.

AT 9.29 AM THE MATTER WAS CONCLUDED