Velcrete Pty Ltd and Anorv Melsom and Anor P48/2000

[2000] HCATrans 658

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P48 of 2000

B e t w e e n -

VELCRETE PTY LTD

First Applicant

IVAN JOHN KENDLE

Second Applicant

and

PETER MICHAEL MELSOM

First Respondent

STANLEY FREDERIC ROBSON

Second Respondent

Application for special leave to appeal

KIRBY J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON FRIDAY, 27 OCTOBER 2000, AT 12.27 PM

Copyright in the High Court of Australia

MR P.G. McGOWAN:   May it please the Court, I appear for the respondents.  (instructed by Tottle Christensen)

KIRBY J:   Mr Kendle has put written submissions before the Court and indicated that he does not wish to supplement them with oral argument.  The Court does not need to hear from you, Mr McGowan.

MR McGOWAN:   If it please, your Honours.

KIRBY J:   The applicant seeks special leave to appeal against the judgment of the Full Court of the Supreme Court of Western Australia.  That judgment refused leave to appeal from a procedural order of a master of that court, striking out the applicant’s claim for want of prosecution.  That claim was almost 10 years old and even then the statement of claim was not in final form.

The principles of law restraining appellate intervention in such decisions are well known and are applicable in this case.  There are no reasonable prospects of success, were special leave granted, and the decision of the Full Court is not attended by doubt.

In his amended application, supported by written submissions, the applicant questioned whether Order 4 rule 3(2) of the Rules of the Supreme Court of Western Australia was “valid, constitutional or discriminatory”.  There is no apparent constitutional invalidity and the other questions do not arise for decision in this case.  Accordingly, the application is refused with costs.

AT 12.29 PM THE MATTER WAS CONCLUDED