Gardner v Northern Territory of Australia

[2005] HCATrans 736

[2005] HCATrans 736

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Darwin  No D1 of 2005

B e t w e e n -

KELVIN IAN GARDNER

Applicant

and

THE NORTHERN TERRITORY OF AUSTRALIA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 SEPTEMBER 2005, AT 9.27 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal to challenge the finding of fact made at trial and affirmed on appeal to the Court of Appeal of the Northern Territory that he had not demonstrated that Territory authorities had failed to take reasonable precautions to restrain fire from escaping from Crown land onto the applicant’s land.

No point of general application would fall for consideration if special leave were to be granted.  An appeal would enjoy insufficient prospects of success to warrant a grant of special leave.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.28 AM THE MATTER WAS CONCLUDED