O'Farrell v Network Entertainment Pty Ltd

[2006] HCATrans 125

[2006] HCATrans 125

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S458 of 2005

B e t w e e n -

KARL JOHN O’FARRELL

Applicant

and

NETWORK ENTERTAINMENT PTY LTD

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 MARCH 2006, AT 9.30 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of the New South Wales Court of Appeal.  By those orders, Mason P, Bryson JA and Brownie AJA dismissed the applicant’s appeal against orders of the District Court upholding proceedings seeking the repayment of a loan and dismissing the applicant’s cross‑claim alleging constructive dismissal.

The applicant’s written submissions in support of the application for special leave contend that the trial judge erred in his assessment that the applicant was not an impressive witness. The applicant also seeks to make arguments based on certain provisions of the Corporations Law of New South Wales.

No question of principle or law arises out of the finding that the applicant was not an impressive witness. Furthermore, the questions said now to arise concerning the Corporations Law do not appear to have been raised in the lower courts. This application does not raise any question suitable to a grant of special leave. In any event, we see no reason to doubt the correctness of the conclusions reached in the courts below.

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

AT 9.31 AM THE MATTER WAS CONCLUDED