Pinata Pty Limited v Estate of Robert Peter Leigo & Ors

[2007] HCATrans 285

[2007] HCATrans 285

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S364 of 2006

B e t w e e n -

PINATA PTY LIMITED

Applicant

and

ESTATE OF ROBERT PETER LEIGO

First Respondent

YVONNE LESLIE LEIGO

Second Respondent

GEOFFREY NAUTON DAVIES

Third Respondent

KERRIE JOY DAVIES

Fourth Respondent

NEILL ROBERT LEIGO

Fifth 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, 14 JUNE 2007, AT 9.29 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   After a three day hearing, the Supreme Court of New South Wales (Prothonotary Riznyczok) ordered the applicant to provide security for the costs of proceedings which it had brought.  The applicant's application to Associate Justice Macready to vary the orders succeeded on points of detail but failed in substance.  Barrett J dismissed an appeal, and the Court of Appeal (Bryson and Basten JJA) refused leave to appeal.  This Court is thus the fifth level in the hierarchy of courts to have considered this matter.  The dispute relates to interlocutory questions of practice and procedure which have been very thoroughly ventilated below.  The papers filed by the applicant do not suggest that any error has occurred meriting examination by this Court. 

The application is 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 Justice Heydon and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED