Yolande Victoria Frances Dubow v Fitness First Australia Pty Ltd

[2012] HCASL 73

YOLANDE VICTORIA FRANCES DUBOW

v

FITNESS FIRST AUSTRALIA PTY LTD

[2012] HCASL 73

S48/2012

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Campbell and Meagher JJA) dismissing the applicant's application for leave to appeal against orders of the Supreme Court of New South Wales (Ward J).  Ward J set aside a statutory demand served by the applicant on the respondent and ordered the applicant to pay the respondent's costs on an indemnity basis.

2. As the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

3. We have been informed that since the applicant took her last step in this application she has been made bankrupt.  Nonetheless we should proceed to determine the application.

4. We see no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would enjoy no prospects of success.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

6          K.M. Hayne

7          10 May 2012

8  S.M. Crennan