Schaefer v Guthrey

[1999] HCATrans 369

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P25 of 1999

B e t w e e n -

ERIC JOSEPH SCHAEFER

Applicant

and

LLOYD GUTHREY, CHAIRMAN, STATE HOUSING COMMISSION trading as HOMESWEST

Respondent

Application for special leave to appeal

McHUGH J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON THURSDAY, 21 OCTOBER 1999, AT 11.10 AM

Copyright in the High Court of Australia

McHUGH J:   In this matter the Registrar has certified that she holds a letter from the applicant advising that he does not intend to present oral argument at the hearing of the application for special leave to appeal.  That being so, we are in a position to give judgment in the matter on the papers.

The judgment of the Court is that there is no ground for granting special leave in this case.  The appeal to the Full Court of the Federal Court was incompetent because it did not specify any intelligible ground of appeal.  In addition, the judgments of Judicial Registrar Farrell and Justice Tamberlin were clearly correct.  The application is dismissed.

MR TANNIN:   If your Honour pleases, I move for an order for costs.

McHUGH J:   The application is dismissed with costs.

AT 11.11 AM THE MATTER WAS CONCLUDED