Pacreef Investments Pty Ltd (ACN 602 608 891) v GTW Investments (Aust) Pty Ltd (ACN 161 035 909) (as trustee of the GTW Investments Trust) & Anor

[2024] HCASL 102

PACREEF INVESTMENTS PTY LTD (ACN 602 608 891)

v

GTW INVESTMENTS (AUST) PTY LTD (ACN 161 035 909) (AS TRUSTEE OF THE GTW INVESTMENTS TRUST) & ANOR

[2024] HCASL 102
M1/2024

1. This application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (Ferguson CJ and Macaulay JA, Niall JA dissenting) concerns a bespoke commercial contract. The proposed appeal would not be a suitable vehicle to consider any of the issues raised in the application because the resolution of any appeal would turn upon the application of uncontroversial principles of construction of commercial contracts. An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal.

2. Special leave to appeal is refused with costs.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J
   Gleeson J
   Jagot J
   Beech-Jones J

   11 April 2024