Humphris & Anor v ConnectEast Nominee Company Pty Ltd

Case

[2019] HCASL 133


HUMPHRIS & ANOR

v

CONNECTEAST NOMINEE COMPANY PTY LTD & ANOR

[2019] HCASL 133
M25/2019

  1. The applicants seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Whelan and Kaye JJA) dismissing the applicants' application for review of a decision by a Registrar to refuse to extend time under rr 64.42(8)-(11) of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) for the applicants to seek leave to appeal from a verdict answering questions in the negative as to whether the respondents had caused a substantial and unreasonable interference with the applicants' enjoyment of their property and had breached a duty of care owed to the applicants by failing to take reasonable care to construct the EastLink freeway to prevent nuisance.

  2. The applicants identify no question of principle which it would be in the interests of justice for this Court to consider.  An appeal to this Court would not enjoy sufficient prospects of success to warrant the grant of special leave to appeal.

  3. 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.

G.A.A Nettle M.M Gordon
8 May 2019
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High Court Bulletin [2019] HCAB 4

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