Peter Harris v Water NSW

Case [2021] HCASL 252

PETER HARRIS

v

WATER NSW

[2021] HCASL 252
S126/2021

  1. The appeal foreshadowed by this application for special leave to appeal does not raise any question of principle of general importance. The decision of the Court of Criminal Appeal of the Supreme Court of New South Wales is not attended by sufficient doubt to warrant the grant of special leave to appeal. The application should be dismissed.

  2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

P.A. Keane J.S. Gleeson
9 December 2021
Details
AGLC
Peter Harris v Water NSW [2021] HCASL 252
Case
[2021] HCASL 252
Decision Date

CaseChat Overview and Summary

The High Court of Australia was asked to consider an application for special leave to appeal from a decision made by the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant in the case was Peter Harris, and the respondent was Water NSW. The central issue of the appeal was related to the legal principles and outcomes of the lower court's decision, although the specifics of the original case were not elaborated upon in the High Court's summary. The High Court was required to determine whether the appeal raised any questions of principle that held general importance, and if the decision of the Court of Criminal Appeal was sufficiently doubtful to warrant further review by the High Court.

The High Court, consisting of Keane JA and Gleeson J, reviewed the matter and concluded that the appeal did not raise any questions of principle of general importance. Furthermore, the Court found that the decision of the Court of Criminal Appeal was not attended by sufficient doubt to warrant the grant of special leave to appeal. This determination was based on the Court's assessment of the appeal's potential to contribute to the development of the law or provide clarity on an important legal issue. In this instance, the High Court found that the appeal did not meet these criteria.

As a result of the High Court's decision, the application for special leave to appeal was dismissed. The Court directed the Registrar to draft, sign, and seal an order formalising the dismissal of the application. This order was issued on 9 December 2021, bringing the appeal process to a close. The High Court's decision underscores the importance of the criteria for granting special leave to appeal, ensuring that the Court's resources are directed towards cases with the potential to significantly impact the law or address substantial legal uncertainties.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.