Shorey v Pt Limited as Trustee for McNamara Australia & Ors

Shorey (the applicant) sought to bring proceedings against Pt Limited as Trustee for McNamara Australia and others (the respondents) in the Supreme Court of New South Wales. The dispute concerned allegations of misleading and deceptive conduct and breaches of contract.

The primary legal issue before the High Court was whether the applicant had a sufficient arguable case to justify granting leave to appeal against the decision of the Full Federal Court. The Full Federal Court had previously dismissed the applicant's appeal from the Federal Court's decision, which had struck out the applicant's statement of claim. The applicant contended that the Full Federal Court erred in law by failing to consider certain aspects of the applicant's pleaded case and by applying an incorrect test for striking out a statement of claim.

The High Court, comprising Gleeson CJ and McHugh J, considered the principles governing the grant of special leave to appeal. Their Honours noted that special leave is not granted as of right and requires the applicant to demonstrate that the appeal raises a question of law of general public importance or that it is necessary in the interests of the administration of justice. While acknowledging the applicant's arguments regarding the alleged errors of the Full Federal Court, their Honours concluded that the applicant had not established a sufficient arguable case to warrant the grant of special leave to appeal. The application for special leave to appeal was therefore dismissed.