Lawrence & Ors v Branch

[2005] HCATrans 934

[2005] HCATrans 934

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P126 of 2002

B e t w e e n -

FRANCIS JOHN LAWRENCE

First Applicant

JOAN NOREEN LAWRENCE

Second Applicant

DENE FRANCIS LAWRENCE

Third Applicant

and

MYRTLE RUBY BRANCH

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 17 NOVEMBER 2005, AT 9.19 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The respondent contributed money to the purchase of land and construction of a granny flat by the applicants.  The primary judge, Templeman J, ordered the applicants to pay the respondent equitable compensation and declared that the land was subject to an equitable charge to secure that payment.  An appeal to the Full Court of the Supreme Court of Western Australia was dismissed.  The applicants now seek special leave to appeal to this Court.

The case turned on its particular facts and circumstances and no point of general principle would fall for consideration if special leave to appeal were to be granted.  Neither the interests of justice in the particular case nor more generally require the grant of leave.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish that disposition.

AT 9.20 AM THE MATTER WAS CONCLUDED