Waters & Ors v Public Transport Corporation; Public Transport Corporation v Waters

The parties involved were the Public Transport Corporation (PTC) and Waters & Ors. The dispute concerned an application for special leave to appeal to the High Court of Australia. The proceedings were heard by Mason CJ.

The central legal issue before the court was whether special leave to appeal should be granted. This question arose in the context of a case that had proceeded directly from the Equal Opportunity Board to a single judge of the Supreme Court of Victoria, rather than through the usual appellate route to the Full Court of the Supreme Court. The applicant argued that the case presented a series of fundamental issues central to the operation of the relevant Act, making it a suitable vehicle for determination by the High Court.

Mason CJ expressed reservations about hearing cases that had not been considered by an intermediate appellate court, noting that the High Court typically prefers to have the benefit of such prior consideration. He highlighted that legislative changes had since altered the procedural route for such matters, meaning future cases would likely be heard by the Full Court of the Supreme Court. This procedural history and the lack of a Full Court judgment were significant factors in the court's consideration of the special leave application.