Rodgers & Anor v ANZ Banking Group

[2005] HCATrans 338

[2005] HCATrans 338

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B38 of 2004

B e t w e e n -

STEPHEN ALEXANDER RODGERS AND ROSLYN RODGERS

Applicants

and

AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 9.17 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicants represented themselves at trial in the Supreme Court of Queensland.  They had legal representation before the Queensland Court of Appeal.

The outcome at trial turned upon the failure of the applicants to obtain the findings of fact in their favour necessary for them to make out their case.  The adverse findings of fact were substantially dependent upon questions of credibility.

There are insufficient prospects of success on any appeal to this Court against the rejection of the appeal to the Queensland Court of Appeal to warrant a grant of special leave.  Accordingly, special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing with costs this application for special leave.

AT 9.17 AM THE MATTER WAS CONCLUDED