Hart v The Commonwealth of Australia [2011] HCATrans 48

This matter concerned an application for special leave to appeal to the High Court of Australia by Mr Hart against the Commonwealth of Australia. Mr Hart sought to challenge a decision of the Federal Court of Australia, which had dismissed his appeal against a judgment of the Federal Magistrates Court. The underlying dispute involved allegations of breaches of contract and misrepresentation by the Commonwealth in relation to certain agreements.

The primary legal issue before the High Court was whether the Federal Court had erred in its application of the principles governing the award of damages for breach of contract, particularly in relation to the assessment of loss and the availability of certain heads of damage. Mr Hart contended that the Federal Court had failed to properly consider the evidence presented and had applied an incorrect legal standard in determining the quantum of his loss.

Gummow J, in considering the application for special leave, focused on whether there was a reasonably arguable ground of appeal. His Honour noted that the Federal Court's decision on damages was largely a question of fact and degree, based on the evidence before it. The High Court's jurisdiction to grant special leave is discretionary and is typically exercised only where a case involves a question of law that is of general public importance or where there is a need to resolve differences of opinion between courts. Gummow J found that the grounds advanced by Mr Hart did not meet the threshold for special leave.

Special leave to appeal was refused.