Sarkis and Anor v Zambena Pty Ltd S207/1999

[2000] HCATrans 718

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S207 of 1999

B e t w e e n -

MERHI SARKIS and MANNOUCHE SARKIS

Applicants

and

ZAMBENA PTY LTD

Respondent

Application for special leave to appeal

GLEESON CJ
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 24 NOVEMBER 2000, AT 10.44 AM

Copyright in the High Court of Australia

MR R.B.S. MACFARLAN, QC:   If the Court pleases, I appear with my learned friend, MR M.A. WIGNEY, for the respondent.  (instructed by Messrs P.A. Somerset & Co)

GLEESON CJ:   In this matter, as I understand it, the applicant has indicated no desire to make oral argument and relies on the written submissions.  We do not need to hear you, Mr Macfarlan.

The division of opinion in the Court of Appeal in this case turned upon discretionary considerations relating to the facts and circumstances of the case and, in particular, the significance of delay.  In so far as there are issues concerning the construction of the Corporations Law which the applicant seeks to raise, the present case is not a suitable vehicle for their determination.  The Court is of the view that the application should be refused and the applicant must pay the respondent’s costs.

AT 10.46 AM THE MATTER WAS CONCLUDED