John James Goode v Rino Di Donato

[2013] HCASL 65

JOHN JAMES GOODE

v

RINO DI DONATO & ANOR

[2013] HCASL 65
M112/2012

1. The applicant suffered injuries when he was kicked by a horse in 1999.  He commenced proceedings in the County Court of Victoria claiming damages against Mr Boyer, the custodian of the horse, and the Glenelg Shire Council ("the Council").  On the advice of the respondents, his legal representatives, the applicant discontinued the claim against the Council.  He obtained judgment against Mr Boyer and was awarded $70,000 in general damages.  Thereafter, he commenced the present proceedings claiming damages in negligence contending, among other things, that had the proceedings been brought before 10 October 2002 the Council would not have had the benefit of a statutory immunity[1].

   [1]Transport Act 1983 (Vic), s 37A.

2. Daly AsJ summarily dismissed the proceedings. 

3. Garde J dismissed an appeal against the orders made by Daly AsJ.  His Honour found that there was no factual basis for any claim against the Council nor had the applicant established that he had suffered any loss beyond the loss proved against Mr Boyer in the earlier proceedings.  His Honour dismissed the appeal. 

4. The applicant applied to the Court of Appeal of the Supreme Court of Victoria (Warren CJ and Bongiorno JA) for an extension of time in which to apply for leave to appeal from Garde J's order.  The Court was not satisfied that it was an appropriate case in which to grant the extension sought and it refused the application.

5. The applicant applies for special leave to appeal.  There is nothing in the history of the proceeding that would favour the grant of special leave to appeal from the Court of Appeal's unremarkable procedural order.  The application must be dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. 

V.M. Bell
8 May 2013 S.J. Gageler