Maddren v Bell

[1999] HCATrans 364

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P3 of 1999

B e t w e e n -

MICHAEL MADDREN

Applicant

and

JOHN ALEXANDER BELL

Respondent

Application for special leave to appeal

GAUDRON J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON THURSDAY, 21 OCTOBER 1999, AT 11.35 AM

Copyright in the High Court of Australia

GAUDRON J:   This is an application which is to be decided on the papers or on the basis of the written submissions.  In that regard, the Deputy Registrar certifies that she holds letters from the applicant and from the solicitors for the respondent advising that they do not intend to present oral argument in this matter.

The applicant seeks special leave to appeal from an order of the Full Court of the Supreme Court of Western Australia dismissing his appeal from an adverse decision and orders made in the District Court of Western Australia.  His appeal was dismissed for want of prosecution, he having failed to file amended grounds of appeal after several of his grounds of his appeal were struck out, and having failed also to comply with an order for security as to costs.  The application raises no issue of principle suitable to attract the grant of special leave.  Moreover we are unable to detect any appellable error on the part of the Full Court.  Accordingly, the application is dismissed.

The Court will now adjourn to reconstitute.

AT 11.37 AM THE MATTER WAS CONCLUDED