Neilson & Anor v City of Swan

[2007] HCATrans 45

[2007] HCATrans 045

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P15 of 2006

B e t w e e n -

MARK JAMES NEILSON

First Applicant

LISA JEAN LOGGIE

Second Applicant

and

CITY OF SWAN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 FEBRUARY 2007, AT 9.40 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants, plaintiffs in proceedings in the Supreme Court of Western Australia, have complained about an Outline Development Plan allegedly affecting their land.  Over nearly three years, Templeman J has struck out successive parts, but not all, of the applicants’ pleadings.  The Court of Appeal, in a very detailed judgment, dismissed an application for leave to appeal against various of Templeman J’s orders.  The applicants’ application for special leave to appeal contends that the disputes over their Statement of Claim raise various questions of law which are arguably unsettled.  However, it is inappropriate to resolve them in this case, where there has been no trial and no findings of fact have been made.

The application must be dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.41 AM THE MATTER WAS CONCLUDED