Ross Vivian Goodhew v Jeanette Ann Rachinger

[2014] HCASL 81

ROSS VIVIAN GOODHEW

v

JEANETTE ANN RACHINGER & ANOR

[2014] HCASL 81
B3/2014

1. As a condition of a contract for the lease of a business, the respondents granted the applicants a lease of premises for a term of three years. During the period of the lease the applicant vacated the premises.  The respondents commenced proceedings in the Noosa Magistrates Court seeking damages for breach of the lease.  The applicant counterclaimed he was induced to enter into the contract by a misleading and deceptive representation made by the respondents.  Magistrate Hodgkins dismissed the counterclaim and awarded damages to the respondents for breach of the lease, together with interest and indemnity costs.

2. The District Court of Queensland dismissed the applicant's appeal, which was by way of rehearing.  Robertson DCJ determined that the appeal was without merit and any reception of new evidence would not have made any material difference to the outcome.

3. The Court of Appeal of the Supreme Court of Queensland refused the applicant's application for leave to appeal the decision of the District Court. McMurdo P (with whom Gotterson JA and Margaret Wilson J agreed) concluded that the applicant had failed to demonstrate any error in the reasoning of Robertson DCJ, and therefore had not demonstrated that an appeal would have any prospects of success.  

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The applicant requires an enlargement of time within which to lodge an application for special leave to appeal from the decision of the Court of Appeal.  An enlargement should be granted, but the application for special leave to appeal refused.  There is no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would have no prospects of success.   

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
13 May 2014 S.J. Gageler