RICHARD GIZA
v
WAYBECCA PTY LTD
[2016] HCASL 314M114/2016
The applicant has not identified a question of law sufficient to warrant a grant of special leave to appeal and otherwise advances no reason to doubt the correctness of the decision of the Court Appeal of the Supreme Court of Victoria (Redlich and Beach JJA). Special leave should be refused.
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.
G.A.A. Nettle
7 December 2016M.M. Gordon
Details
- AGLC
- Richard Giza v Waybecca Pty Ltd [2016] HCASL 314
- Case
- [2016] HCASL 314
- Decision Date
CaseChat Overview and Summary
In the case of Richard Giza versus Waybecca Pty Ltd, the applicant, Richard Giza, sought special leave to appeal a decision of the Court of Appeal of the Supreme Court of Victoria. The original dispute concerned a contract between the parties, which was the subject of a legal challenge by Mr Giza. The Court of Appeal had dismissed his appeal, and he sought to appeal to the High Court. The High Court was required to determine whether there were any questions of law that warranted granting special leave to appeal, which is necessary for an appeal to the High Court.
The legal issues before the High Court were whether Mr Giza's application raised a question of law of general importance, and if there were any other reasons to doubt the correctness of the Court of Appeal's decision. The Court considered the application and found that Mr Giza had not identified any such question of law or reason to doubt the Court of Appeal's decision. The Court found that the issues raised by Mr Giza did not warrant special leave to appeal, and that there was no reason to doubt the correctness of the Court of Appeal's decision.
The High Court held that Mr Giza's application did not meet the threshold for granting special leave to appeal. The Court found that the questions raised by Mr Giza were not of general importance, and that there was no basis to doubt the correctness of the Court of Appeal's decision. The Court concluded that the application should be dismissed, and pursuant to the relevant rule of the High Court Rules 2004, the Registrar was directed to draw up, sign and seal an order dismissing the application. The Court's decision effectively ends Mr Giza's attempt to appeal the Court of Appeal's decision.
In summary, the High Court dismissed Mr Giza's application for special leave to appeal the decision of the Court of Appeal of the Supreme Court of Victoria. The Court found that there were no questions of law of general importance raised by Mr Giza's application, and that there was no basis to doubt the correctness of the Court of Appeal's decision. The Court's decision effectively ends Mr Giza's attempt to appeal the decision of the Court of Appeal.
The legal issues before the High Court were whether Mr Giza's application raised a question of law of general importance, and if there were any other reasons to doubt the correctness of the Court of Appeal's decision. The Court considered the application and found that Mr Giza had not identified any such question of law or reason to doubt the Court of Appeal's decision. The Court found that the issues raised by Mr Giza did not warrant special leave to appeal, and that there was no reason to doubt the correctness of the Court of Appeal's decision.
The High Court held that Mr Giza's application did not meet the threshold for granting special leave to appeal. The Court found that the questions raised by Mr Giza were not of general importance, and that there was no basis to doubt the correctness of the Court of Appeal's decision. The Court concluded that the application should be dismissed, and pursuant to the relevant rule of the High Court Rules 2004, the Registrar was directed to draw up, sign and seal an order dismissing the application. The Court's decision effectively ends Mr Giza's attempt to appeal the Court of Appeal's decision.
In summary, the High Court dismissed Mr Giza's application for special leave to appeal the decision of the Court of Appeal of the Supreme Court of Victoria. The Court found that there were no questions of law of general importance raised by Mr Giza's application, and that there was no basis to doubt the correctness of the Court of Appeal's decision. The Court's decision effectively ends Mr Giza's attempt to appeal the decision of the Court of Appeal.
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.