Torney & Anor v Grampians Wimmera Mallee Water

[2007] HCATrans 591

[2007] HCATrans 591

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M44 of 2007

B e t w e e n -

LIONEL CHRISTOPHER TORNEY

First Applicant

JOAN ELLEN TORNEY

Second Applicant

and

GRAMPIANS WIMMERA MALLEE WATER

Respondent

Application for removal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 OCTOBER 2007, AT 9.38 AM

Copyright in the High Court of Australia

HEYDON J: This is an application to remove proceedings from the Magistrates Court of Victoria to this Court pursuant to s 40 of the Judiciary Act 1903 (Cth). The papers filed disclose no issue which arises under the Constitution or involves its interpretation. The only issues turn on the construction of Victorian legislation. There is no reason why the applicants should not exhaust their remedies in relation to those issues in the Victorian courts before seeking special leave to appeal to this Court if so advised.

The application is dismissed with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

I publish the disposition signed by Justice Kirby and myself.

KIRBY J:   The Court will now adjourn until 10 o’clock in this courtroom.

AT 9.39 AM THE MATTER WAS CONCLUDED