Televantos t/a Mastercraft Home Additions and Improvements v FCR Formwork Pty Ltd & Anor

[2011] HCATrans 221

[2011] HCATrans 221

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S125 of 2011

B e t w e e n -

NICHOLAS TELEVANTOS T/A MASTERCRAFT HOME ADDITIONS AND IMPROVEMENTS

Applicant

and

FCR FORMWORK PTY LTD

First Respondent

JOHN VIEGAS T/A FCR FORMWORK PTY LTD

Second Respondent

Application for reinstatement

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 16 AUGUST 2011, AT 9.55 AM

Copyright in the High Court of Australia

MR N. TELEVANTOS appeared in person.

MR K.J. PIERCE:   May it please the Court, I appear for the respondents.  (instructed by Jack C Herrald Solicitors)

HIS HONOUR:   What is the relevant order, Mr Pierce, about reinstatement?

MR PIERCE:   The relevant order, as I understand Mr Televantos’ application, is rule 41.10.4.

HIS HONOUR:   Yes.

MR PIERCE:   Thank you, your Honour.

HIS HONOUR:   Is the application opposed?  Mr Televantos has an affidavit on in which he explains he has been in difficult personal circumstances.

MR PIERCE:   Yes.  There is some reference to personal circumstances.  With respect, the affidavit does not deal with Mr Televantos’ position in relation to that.  The position that we have simply, your Honour, is we neither consent nor oppose.  We are rather concerned of the lack of merits in the actual application, and whilst we understood that would then be dealt with by the Court under rules 41.10.5 and 41.10.6, given the history of the matter, we were wanting to be sure as to what was relied upon in terms of the matter proceeding rather than it changing midstream.

HIS HONOUR:   Thank you.

MR PIERCE:   Thank you, your Honour.

HIS HONOUR:   This is what I propose:

1.Pursuant to rule 41.10.4.1, order that the special leave application not be taken to have been abandoned.

So that means you have got it back, Mr Televantos.

2.Direct that the applicant –

that is you, Mr Televantos –

file his written case on or before 16 September 2011 –

So that is just over a month.

and that the application then proceed for determination on the papers by two Justices under rule 41.10.5.

So you have to get your case on, that is your argument.

3.Costs of the reinstatement application be reserved to the Justices who are considering the special leave application.

Is that clear?

MR TELEVANTOS:   Thank you, your Honour.

MR PIERCE:   Thank you, your Honour.

HIS HONOUR:   I will now adjourn.

AT 10.02 AM THE MATTER WAS CONCLUDED