Martin & Anor v Individual Homes Pty Ltd

[1998] HCATrans 417

IN THE HIGH COURT OF AUSTRALIA

Registry  No C5 of 1998

B e t w e e n -

ANTHONY GILBERT MARTIN and SUE DOLORES MARTIN

Applicants

and

INDIVIDUAL HOMES PTY LIMITED (in liquidation)

Respondent

Application for special leave to appeal

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 20 NOVEMBER 1998, AT 10.51 AM

Copyright in the High Court of Australia

GLEESON CJ:   In this matter, the Court has studied the written submissions upon which the respective parties rely.  The applicant seeks special leave to appeal from the decision of the Full Court of the Federal Court in which it considered the application of certain principles of trust law and the construction of legislation respecting the law of landlord and tenant which has now been replaced by the Residential Tenancies Act 1997 of the Australian Capital Territory.  There is no reason to doubt the statements as to the application of the principles of trust law.  The interpretation of the Territory statute law, particularly after its repeal, would not ordinarily attract a grant of special leave and no case for granting special leave here has been made out.  The respondents seek the usual order for costs and there appears to be no reason why that should not be made. 

Special leave to appeal is refused.  The applicant should pay the costs of the respondents of the application.

The Court will adjourn for a short time to reconstitute.

AT 10.54 AM THE MATTER WAS CONCLUDED