Kwa v Bank of Western Australia

[2005] HCATrans 122

[2005] HCATrans 122

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  Nos P48, P97 of 2003

B e t w e e n -

FRANCIS TAK LAU KWA

Applicant

and

BANK OF WESTERN AUSTRALIA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.23 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal against two judgments of the Full Court of the Supreme Court of Western Australia.  The first is an application for a stay of execution pending determination of an application for leave to appeal to that Court.  The second was the disposition of the application for leave itself.  Both applications were dismissed by the Full Court.

In both applications, there are insufficient prospects of success to warrant grants of special leave.  The respondent in both cases seeks costs on an indemnity basis.  However, we would dismiss both applications with costs and make no special orders as to costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the applications with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.24 AM THE MATTER WAS CONCLUDED