Sherman v Watson & Anor

[2005] HCATrans 997

[2005] HCATrans 997

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M128 of 2004

B e t w e e n -

PETER SHERMAN

Applicant

and

DIANA WATSON

First Respondent

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 14 DECEMBER 2005, AT 9.33 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of the Court of Appeal of Victoria made on 21 May 2004.  By those orders the Court of Appeal dismissed the applicant’s application for leave to appeal against the decision of a Vice‑President of the Victorian Civil and Administrative Tribunal dismissing, with costs, a claim the applicant had made under the Fair Trading Act 1999 (Vic). The decision of the Tribunal turned wholly on questions of fact.

There is no reason to doubt the correctness of the actual decision of the Court of Appeal.  The questions of principle which the applicant seeks to agitate would not require consideration if leave were to be granted.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.34 AM THE MATTER WAS CONCLUDED