Kim Henderson & Anor v James Gerard Thackray

[2013] HCASL 22

KIM HENDERSON & ANOR

v

JAMES GERARD THACKRAY & ANOR

[2013] HCASL 22
P34/2012

1. The applicants are directors, and the respondents are receivers and managers, of Bonthorpe Pty Ltd.  In the Supreme Court of Western Australia, the respondents sought delivery up of certain property owned by Bonthorpe Pty Ltd.  They brought an application for summary judgment and, in the alternative, sought declaratory and injunctive relief.  The applicants appeared by a McKenzie friend and sought an adjournment to obtain legal representation.  On 3 July 2012, Master Sanderson granted the respondents' application for summary judgment in part and refused the applicants' request for an adjournment.  Master Sanderson found that the applicants had no defence to the claim and that no useful purpose would be served by an adjournment.

2. The applicants appealed to the Court of Appeal (Newnes and Murphy JJA).  The respondents applied for the appeal to be dismissed under a rule permitting that course if none of the grounds of appeal has a reasonable prospect of succeeding.  There were 54 grounds of appeal alleging denial of natural justice, various forms of misconduct by the respondents and a third party, errors of law and errors of fact.  The Court of Appeal concluded that none of the grounds had reasonable prospects of success and dismissed the appeal.

3. The applicants seek special leave to appeal from part of the judgment of the Court of Appeal.  As the applicants are unrepresented, the application is to be dealt with under r 41.10.

4. The application for special leave seeks to raise several grounds which, in substance, rely on the same complaints advanced before the Court of Appeal.  The application raises no question of principle and there is, in any event, no reason to doubt the correctness of the decision of the Court of Appeal.  Special leave is refused.

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

S.M. Kiefel
13 March 2013 S.J. Gageler