Viterra Malt Pty Ltd (ACN 096 519 658) & Ors v Cargill Australia Ltd (ACN 004 684 173) & Anor

[2023] HCASL 165

VITERRA MALT PTY LTD (ACN 096 519 658) & ORS

v

CARGILL AUSTRALIA LTD (ACN 004 684 173) & ANOR

[2023] HCASL 165
M56/2023

1. The applicants seek special leave to appeal from a unanimous decision of the Court of Appeal of the Supreme Court of Victoria (Sifris, Walker and Whelan JJA) refusing the applicants leave to appeal in relation to grounds 7, 20 and 24 and granting the applicants leave to appeal but dismissing the appeal on grounds 1 to 6, 8 to 19 and 21 to 23 from decisions of the Supreme Court of Victoria (Elliott J).

2. The applicants have not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advance no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court does not enjoy sufficient prospects of success and it is not in the interests of the administration of justice to grant special leave to appeal.

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.

M.M. Gordon

9 November 2023

J.M. Jagot