Saville v Hallmarc Construction Pty Ltd

Case [2016] HCASL 90

GREGORY PAUL SAVILLE (TRADING AS CHINA SOURCING SERVICES)

v

HALLMARC CONSTRUCTION PTY LTD (ACN 071 149 758)

[2016] HCASL 90
M8/2016

  1. The application does not raise a question of law suitable for the grant of special leave.  There is no reason to doubt the correctness of the decision of the Court of Appeal of the Supreme Court of Victoria.  Special leave is refused.

  2. Accordingly, there is no utility in granting the relief sought by the applicant by summons filed on 15 April 2016.

  3. Pursuant to r 41.10.5 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application and the summons.

V.M. Bell
12 May 2016 		S.J. Gageler
Details
AGLC
Saville v Hallmarc Construction Pty Ltd [2016] HCASL 90
Case
[2016] HCASL 90
Decision Date

CaseChat Overview and Summary

The parties involved in this case were Gregory Paul Saville, trading as China Sourcing Services, and Hallmarc Construction Pty Ltd. The dispute originated from a contractual disagreement between the parties and was ultimately escalated to the Supreme Court of Victoria. The Court of Appeal of the Supreme Court of Victoria reviewed the case and rendered a decision, which Saville sought to appeal further to the High Court.

The primary legal issue before the court was whether the application filed by Saville was suitable for the grant of special leave. Special leave is a discretionary form of leave granted by the High Court to appeal a decision of a State or Territory Supreme Court to the High Court. The court had to determine whether there was a question of law of general public importance that warranted the High Court's attention. In this case, the court was required to decide if the Court of Appeal's decision in the initial dispute between the parties was correct and if there were any grounds for further appeal.

The court's reasoning in this matter was that there was no reason to doubt the correctness of the decision made by the Court of Appeal. The court found that the application did not raise a question of law suitable for the grant of special leave, and therefore, it was not necessary to further review the case. Consequently, the relief sought by Saville through the summons filed on 15 April 2016 was not granted. The High Court directed the Registrar to draw up, sign, and seal an order dismissing the application and the summons in accordance with rule 41.10.5 of the High Court Rules 2004 (Cth). This decision was made by Justices Bell and Gageler on 12 May 2016.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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