West v Hawes

This matter came before the High Court of Australia concerning an application for special leave to appeal. The applicant, Mr R.S. West, appeared in person, while Mr H.J. Marshall appeared for the respondents, Lindsay Hawes and Commercial Union Assurance Company of Australia. The initial procedural issue involved the respondents' notice of appearance, which was signed by a solicitor not yet admitted to the High Court roll. Leave was granted for the respondents to file a fresh notice of appearance and enlarge the time for filing.

The primary legal issue before the Court was whether Mr West, as a litigant in person, should be permitted to present his application for special leave to appeal. The Court indicated that such permission would only be granted if Mr West could satisfy them that there was a major question of law that he was capable of identifying and articulating. Mr West referred the Court to specific pages within documents he had provided, including a letter of liability, a judgment from the District Court, and his motion and supporting affidavit.

Mr West attempted to articulate the legal issue by stating, "Breach of contract is a Tort if a party to a contract breaches its terms, the innocent party is entitled to rescind the contract and or to sue for damages." The Court, having reviewed the provided materials, indicated they had read them. The transcript does not record the Court's final determination on Mr West's application for special leave to appeal, nor does it detail the specific orders made beyond the procedural matter concerning the notice of appearance.