The decision of the Court of Criminal Appeal of the Supreme Court of New South Wales is not attended with sufficient doubt to warrant the grant of special leave to appeal. In addition, the appeal foreshadowed by the application for special leave to appeal would raise matters of practice and procedure rather than a question of principle of sufficient general importance to warrant the grant of special leave to appeal. The application should be dismissed.
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.
S.J. Gageler
P.A. Keane
20 March 2019
Details
AGLC
Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2019] HCASL 86
Case
[2019] HCASL 86
Decision Date
CaseChat Overview and Summary
Snowy Monaro Regional Council was engaged in a legal dispute with Tropic Asphalts Pty Ltd, concerning a decision made by the Court of Criminal Appeal of the Supreme Court of New South Wales. The Council sought special leave to appeal the decision, which had been made against Tropic Asphalts Pty Ltd in relation to alleged breaches of environmental regulations. The High Court was tasked with determining whether there was sufficient doubt in the original decision to warrant the grant of special leave to appeal. Additionally, the Court had to consider if the potential appeal would raise matters of practice and procedure, or if it would address a question of principle of general importance.
The High Court considered that the Court of Criminal Appeal's decision did not contain enough doubt to warrant an appeal. The court further found that the anticipated appeal would primarily focus on matters of practice and procedure, rather than addressing a significant question of principle. As such, the appeal would not be of sufficient general importance to warrant the grant of special leave to appeal.
In light of these considerations, the High Court dismissed the application for special leave to appeal. The Court further ordered that the Registrar draw up, sign, and seal an order dismissing the application, with costs. This decision was made by Justices Gageler and Keane on 20 March 2019.