Gregory Paul Saville Trading As China Sourcing Services and Hallmarc Construction Pty Ltd (ACN 071 149 758)

[2016] HCATrans 39

Replacement Transcript

[2016] HCATrans 039

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M8 of 2016

B e t w e e n -

GREGORY PAUL SAVILLE TRADING AS CHINA SOURCING SERVICES

Applicant

and

HALLMARC CONSTRUCTION PTY LTD (ACN 071 149 758)

Respondent

Application for reinstatement

NETTLE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 17 FEBRUARY 2016, AT 11.29 AM

Copyright in the High Court of Australia

HIS HONOUR:   The applicant seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria given on 27 November 2015. 

The application for special leave was filed on 4 January 2016 and, consequently, the applicant’s written case and draft notice of appeal were required to be filed on 1 February 201. When therefore, the applicant attempted to file his written case and draft notice of appeal, one day late, on 2 February 2016, he was advised that by operation of the High Court Rules 2004 the application was deemed to have been abandoned.

On 8 February 2016, the applicant filed a summons supported by two affidavits seeking an extension of time for the filing of the written case and draft notice of appeal.  On 15 February 2016, I directed that the application for extension of time was to be determined without listing for hearing. 

The reasons for delay are satisfactorily explained in the affidavits filed in support of the application and there is no opposition to the extension of time which is sought.  Thus it is appropriate that time be extended. 

I order that the time for filing of the written case and draft notice of appeal be extended until 4.00 pm on Thursday, 18 February 2016.

AT 11.30 AM THE MATTER WAS ADJOURNED