Healy & Ors v Real Estate Institute WA Inc

[2006] HCATrans 313

[2006] HCATrans 313

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P63 of 2005

B e t w e e n -

MAXWELL RAYMOND HEALY

First Applicant

JENNIFER ANNE STAGEMAN

Second Applicant

COUNTRY AND METRO REAL ESTATE PTY LTD

Third Applicant

and

THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA INCORPORATED

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 JUNE 2006, AT 9.30 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The applicants seek special leave to appeal against orders of the Court of Appeal of the Supreme Court of Western Australia.  By those orders, the Court of Appeal dismissed an appeal, brought by the applicants, against orders of a Commissioner of the Supreme Court.

The applicants had sought to become members of the respondent, an association incorporated under the Associations Incorporation Act 1987 (WA). The association had adopted new rules in December 1998 but those rules did not take effect until registered in October 1999. In the meantime, on 22 January 1999, the applicants applied for membership but their applications were rejected. By their proceedings in the Supreme Court, the applicants sought to have questions of eligibility for membership committed to arbitration in accordance with certain provisions of the old rules.

The points which the applicants would seek to agitate in this Court turn upon the particular terms of the rules in issue and the special facts and circumstances of the case.  The application raises no point suitable to a grant of special leave.  In any event, in order to obtain substantial success in the matter, the applicants would have to demonstrate that the Court of Appeal was wrong to conclude that under the rules of the respondent now in force they are ineligible for membership.  We are not persuaded that there are sufficient prospects of doing that to warrant a grant of special leave.

Pursuant to r 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 9.32 AM THE MATTER WAS CONCLUDED