Manuel Khoury & Anor v Baldev Singh Sidhu

[2012] HCASL 15

MANUEL KHOURY & ANOR
v
BALDEV SINGH SIDHU & ORS
[2012] HCASL 15
B34/2011

1. The applicants seek special leave to appeal against orders of the Full Court of the Federal Court of Australia (Stone, Jacobson and Collier JJ) dismissing an appeal against orders of a single judge of the Federal Court (Greenwood J).  By those orders, Greenwood J had given the respondents leave to file an amended defence.

2. The applicants allege that the amended defence seeks to raise defences of contributory negligence and proportionate liability that are not legally available as answers to the plaintiffs' claims.

3. It would not be in the interests of justice generally, or in this particular case, to grant special leave to appeal to consider the sufficiency of the defendants' pleadings.  The issues which the applicants seek to agitate (about which we express no opinion) are better considered, if they arise, on any appeal against final judgment in the matter.

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

K.M. Hayne
9 February 2012 S.M. Crennan