Weston v Indigo Shire Council & Ors

[2005] HCATrans 496

[2005] HCATrans 496

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M269 of 2003

B e t w e e n -

MICHAEL WESTON

Applicant

and

INDIGO SHIRE COUNCIL (FORMERLY THE PRESIDENT, COUNCILLORS AND RATEPAYERS OF THE SHIRE OF RUTHERGLEN)

First Respondent

ANDREW PATRICK MELVILLE

Second Respondent

JOHN WINSTON TILLEARD

Third Respondent

ANTHONY DENIS GALLAGHER

Fourth Respondent

ANTHONY GILLMAN

Sixth Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 AUGUST 2005, AT 9.49 AM

Copyright in the High Court of Australia

__________________

GLEESON CJ:   On 1 June 2000 a master ordered that the proceedings brought in the Supreme Court of Victoria by the applicant be dismissed as against certain of the respondents.  The proceedings were aimed at setting aside a judgment adverse to the applicant which he claimed was procured by fraud.  An appeal to Balmford J failed.  The Court of Appeal (Buchanan and Chernov JJ) dismissed an appeal on different grounds, namely that the particulars given of the fraud were incapable of establishing it against certain of the respondents and the unanswered evidence of another respondent revealed that the claim against him was not maintainable.

The applicant’s application for special leave to appeal does not demonstrate any error in the Court of Appeal’s reasoning.  An appeal would have no prospects of success.  The application must be dismissed.

Under the power conferred by r 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

The Court will now adjourn.

AT 9.50 AM THE MATTER WAS CONCLUDED