Preston Erection Pty Limited v Sandman Holdings Pty Limited

The parties before the High Court of Australia were Preston Erection Pty Limited (the applicant) and Sandman Holdings Pty Limited (the respondent). The dispute concerned an application for special leave to appeal. The applicant sought to raise a new ground of appeal relating to the alleged disqualification of a member of the Court of Appeal, which had not been included in the original notice of appeal but was sought to be introduced via a late affidavit and a subsequent draft notice of appeal.

The primary legal issue before the High Court was whether to grant special leave to appeal on the ground of disqualification, particularly given the late stage at which this ground was sought to be raised and its absence from the formal application book. A secondary issue, alluded to by counsel, concerned a contract point, but the disqualification issue was presented as the applicant's primary ground.

The High Court, comprising Brennan J and Toohey J, expressed significant dissatisfaction with the late introduction of the disqualification ground, noting that it was not in the original notice of appeal and had only been filed shortly before the hearing. Despite the respondent's readiness to argue the point, the Court deemed it unsatisfactory to proceed with only two members and with such a late amendment. Consequently, the Court decided to adjourn the application.

The High Court ordered that the matter be adjourned and reserved costs. The application for special leave was to take its place in a subsequent list of special leave applications.