John Rashleigh Shaw v Rigby Cooke Lawyers John Rashleigh Shaw v Rigby Cooke Lawyers

[2011] HCASL 193

JOHN RASHLEIGH SHAW
v
RIGBY COOKE LAWYERS

JOHN RASHLEIGH SHAW
v
RIGBY COOKE LAWYERS
[2011] HCASL 193
M113/2011
M114/2011

1. The applicant in these two applications seeks special leave to appeal against the refusal by the Court of Appeal of the Supreme Court of Victoria of leave to appeal to that Court against the decision of a judge of the Supreme Court (Sifris J).  The respondent is a firm which, in 2005, was retained by the applicant to act for him in a then current dispute concerning a contract entered into in 2000 for the purchase by the applicant "off the plan" of a unit in a development at Docklands in Melbourne.

2. In refusing leave, the Court of Appeal stated that the decision of Sifris J was not attended by sufficient doubt to warrant the grant of leave.  The Court of Appeal considered the history of the litigation with the respondent commencing with a claim for compensation pursuant to the Legal Profession Act 2004 (Vic), which was heard in the Victorian Civil and Administrative Tribunal, from whose decision there had been an appeal on questions of law.

3. No case is made out to show error by the Court of Appeal in refusing leave to appeal.  There are no prospects of success on any appeal to this Court.  Special leave is refused.

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

W.M.C. Gummow
1 December 2011 S.M. Kiefel