Theo v The Official Receiver

[1996] HCATrans 380

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B43 of 1995

B e t w e e n -

SOL THEO

Applicant

and

THE OFFICIAL RECEIVER

Respondent

Grounds for Decision

DAWSON J
McHUGH J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 3 DECEMBER 1996, AT 101.19 AM

Copyright in the High Court of Australia

DAWSON J:   This application for special leave to appeal was considered by Justices McHugh, Gummow and myself.  In so far as the applicant seeks to reagitate findings of fact or to reargue the exercise of discretion by the trial judge, there is no reason to doubt the correctness of the approach of the trial judge or of the Full Court on appeal.  There is no foundation for the applicant’s allegation of bias.  The Full Court was not obliged to refer to the cases relied upon by the applicant where those cases disclose no ground for questioning the legal principles applied by the trial judge.  Thus there is no reason to doubt the correctness of the conclusions reached in the courts below and no error in the way the question of costs was dealt with by them.  In any event, this application raises no question of general importance which would warrant the grant of special leave.  There does not seem to be any reason to depart from the usual order as to costs and the application for special leave to appeal is refused with costs.

AT 10.19 AM THE MATTER WAS CONCLUDED