Savannah Associates Ltd & Ors v Creaser

[2004] HCATrans 539

[2004] HCATrans 539

IN THE HIGH COURT OF AUSTRALIA

Registry  No C3 of 2004

B e t w e e n -

SAVANNAH ASSOCIATES LIMITED

First Applicant

WYLKIAN PTY LIMITED

Second Applicant

AUSTRALASIAN SPECTACULARS PTY LIMITED

Third Applicant

HAROLD SCOTT UPTON

Fourth Applicant

and

WAYNE ELLIS CREASER

Respondent

Application for special leave to appeal

McHUGH J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 3 DECEMBER 2004, AT 12.49 PM

Copyright in the High Court of Australia

__________________

McHUGH J:   In this matter there is to be no oral argument.  The Court has read the papers and is in a position to give judgment in the matter.

The applicants applied to the Supreme Court of the Australian Capital Territory under the Administrative Decisions (Judicial Review) Act 1989 (ACT) for orders of review of a number of decisions made in 2001 under the Dangerous Goods Act 1975 (ACT). At first instance the application succeeded. It went on appeal to the Court of Appeal of the Supreme Court of the Australian Capital Territory. The orders made at first instance were set aside and the application for orders of review dismissed.

The applicants now seek special leave to appeal to this Court.  The draft notice of appeal assigns 80 grounds of appeal and their summary of argument seeks to identify 18 special leave questions that would fall for determination.  None of the very many points thus raised identifies a question suitable to a grant of special leave.  All depend for their resolution upon the unusual facts and circumstances of the particular case.  We are not persuaded that this is in the interests of justice in the particular case or more generally to grant special leave to appeal.  Accordingly, special leave is refused with costs.

The Court will now adjourn to 10.15 am on Tuesday, 7 December in Canberra.

AT 12.51 PM THE MATTER WAS CONCLUDED