Gresham Property Investments Limited v Global Consulting Services Pty Limited

[2019] HCASL 89

GRESHAM PROPERTY INVESTMENTS LIMITED

v

GLOBAL CONSULTING SERVICES PTY LIMITED & ORS

[2019] HCASL 89
S311/2018

1. The applicant contends that a decision of the Court of Appeal of the Supreme Court of New South Wales (Leeming JA, with whom Bathurst CJ and McColl JA agreed) departed from settled equitable principle in finding that three co‑sureties had a "common intention" that one of them be the principal obligor in respect of the relevant debt.  In our view, no such departure from principle is revealed by the Court of Appeal's decision, and the appeal proposed by the applicant would enjoy insufficient prospects of success to warrant the grant of special leave.  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
20 March 2019 P.A. Keane