Ken Morgan Motors Pty Ltd & Ors v Toyota Motor Corporation Australia Limited

The applicants, comprising various entities including Ken Morgan Motors Pty Ltd and individuals, sought special leave to appeal to the High Court of Australia. They were involved in a dispute with the respondents, Toyota Motor Corporation Australia Limited and Toyota Finance Australia. The proceedings concerned an application for special leave to appeal, but the matter ultimately did not proceed to a substantive hearing.

The primary legal issue before the Court was the disposition of the application for special leave to appeal, given that the applicants had resolved to discontinue their case. This also raised the question of costs associated with the application, specifically whether the usual cost consequences of a discontinuance under Order 69A rule 10(2) of the High Court Rules should apply.

The Court was informed that notices of discontinuance had been filed in respect of all applicants. Consequently, the application for special leave to appeal was resolved. By consent of the parties, the Court made an order that there be no order as to the costs of the application, thereby alleviating the usual cost consequences that would otherwise follow the filing of the notices of discontinuance.