R.W. Miller & Co Pty Limited v The Shortland County Council

[1988] HCATrans 19

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney Nos S32 of 1985 and S88 of 1987

B e t w e e n -

R.W. MILLER & CO PTY LIMITED

Applicant

and

THE SHORTLAND COUNTY COUNCIL

Respondent

Application for special leave

to appeal

MASON CJ
DEANE J

TOOHEY J

Miller

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 19 FEBRUARY 1988, AT 10.16 AM

Copyright in the High Court of Australia

SIT4/l/PLC I 19/2/88

MR B.W. RAYMENT, QC: May it please Your Honours, I appear

with my learned friend, MR J.L.B. ALLSOP, for the

applicant. (instructed by Ebsworth & Ebsworth)

MR J.D. REYDON:  I appear for the respondent, if the Court

pleases. (instructed by Dawson Waldron)

MASON CJ: Is the application opposed, Mr Rayment? MR RAYMENT: I understand it is not, Your Honours.

MR REYDON:  No, it is not.

MASON CJ: It is not opposed. Mr Rayment, I must say for

my part and, I think, my view is shared by the other

members of the Court, we have some reluctance to grant

special leave in this case; first, because it involves

the construction of a particular contract and, secondly,

because it has now gone back to the primary judge.

However, we are mindful of the history of the matter

and how it ended in the Court of Appeal and as there

is no opposition to the grant of special leave,
in the light of what the Court said on the last
occasion, the Court will grant special leave

notwithstanding our reluctance.

MR RAYMENT:  May it please Your Honours. I do not seek to

dissuade Your Honours from that.

MASON CJ: Very well.

MR RAYMENT: Could I ask Your Honour to make both orders for

special leave on pages 1 and 113?

MASON CJ: Yes, special leave is granted on both applications.

MR RAYMENT:	May it please Your Honours.
AT 10.18 AM THE MATTER WAS ADJOURNED SINE DIE

S1T4/2/PLC	2	19/2/88
Miller