V'Landys v Australian Broadcasting Corporation & Anor

Case [2023] HCASL 140


V'LANDYS

v

AUSTRALIAN BROADCASTING CORPORATION & ANOR

[2023] HCASL 140
S71/2023

  1. The applicant seeks special leave to appeal from a judgment of the Full Court of the Federal Court of Australia (Rares, Katzmann and O'Callaghan JJ).

  2. The Full Court's judgment was clearly correct. This case is also not an appropriate vehicle to address the question of principle raised by the application. 

  3. 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 J.S. Gleeson
14 September 2023

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AGLC
V'Landys v Australian Broadcasting Corporation & Anor [2023] HCASL 140
Case
[2023] HCASL 140
Decision Date

CaseChat Overview and Summary

The case of V'Landys v Australian Broadcasting Corporation & Anor involves an application for special leave to appeal by the applicant against a judgment of the Full Court of the Federal Court of Australia. The applicant is seeking to challenge the correctness of the Full Court's decision, which was delivered by Rares, Katzmann and O'Callaghan JJ. The nature of the dispute in the underlying case is not explicitly detailed in the summary, but it is evident that it has already been through a full hearing in the Federal Court, culminating in a decision by the Full Court.

The legal issues before the High Court pertain to the correctness of the Full Court's judgment and whether the case presents an appropriate vehicle to address a question of principle that the application raises. Essentially, the High Court needed to assess whether there were grounds to grant the special leave to appeal, considering that the Full Court's judgment was found to be clearly correct. Additionally, the court had to determine if the case should be used as a means to address a broader question of principle.

In rendering its decision, the High Court found that the Full Court's judgment was indeed clearly correct, and the case did not present an appropriate vehicle to address the question of principle raised by the application. Consequently, the application for special leave to appeal was dismissed. The High Court, pursuant to rule 41.08.1 of the High Court Rules 2004, directed the Registrar to prepare an order dismissing the application with costs. This decision was made on 14 September 2023, with S.J. Gageler and J.S. Gleeson being the justices involved in the ruling.

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Background

Background to the litigation

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Evidence

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Ratio Decidendi

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