Scandi International Pty Ltd & Ors v Larkfield Industrial Estates Pty Ltd

Case

[2019] HCASL 328


SCANDI INTERNATIONAL PTY LTD & ORS

v
LARKFIELD INDUSTRIAL ESTATES PTY LTD

[2019] HCASL 328
M81/2019

  1. The applicant seeks special leave to appeal from the judgment of the Court of Appeal of the Supreme Court of Victoria (Whelan and Beach JJA and Sifris A‑JA) refusing leave to appeal from the judgment and orders of the County Court of Victoria (Judge Anderson): (1) dismissing the first and second applicants' claim that they were owners of furniture stored in the respondent's warehouse, and thus entitled to release of the goods in accordance with s 59 of the Australian Consumer Law and Fair Trading Act 2012 (Vic); and (2) allowing the respondent's counterclaim for outstanding storage charges.

  2. There is no reason to doubt the correctness of Judge Anderson's conclusion as upheld by the Court of Appeal.  An appeal to this Court would enjoy no prospect of success to warrant the grant of special leave. 

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M Bell G.A.A Nettle
16 October 2019
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High Court Bulletin [2019] HCAB 8

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