Cachia v St George Bank Limited S111/1994 [1995] HCATrans 44 (23 February 1995)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S111 of 1994

B e t w e e n -

SAVIOUR LAURENCE CACHIA

Applicant

and

ST. GEORGE BANK LIMITED

(formerly St.George Building

Society Ltd)

Respondent

Application for special

leave to appeal

BRENNAN J

DAWSON J

GAUDRON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 23 FEBRUARY 1995, AT 10.17 AM

Copyright in the High Court of Australia

BRENNAN J: This application for special leave to appeal from a judgment of the Court of Appeal at New South Wales was considered by me, by Justice Dawson and Justice Gaudron. The Court is of the opinion that the application for special leave should be dismissed. Even if there were errors in the judgment of Cripps J.A. in the Court of Appeal, the fact that Gleeson C.J.and Clarke J.A.agreed with his Honour's judgment provides no foundation for the appellant's argument that there was a denial of natural justice. The question whether the Court of Appeal has jurisdiction to set aside and to recall for further consideration a perfected order of that court is raised, particularly in Mr Cachia's supplementary written case. Assuming that that question is one which would warrant a grant of special leave in a proper case, this application is not a suitable vehicle for considering the question. There are no other matters raised by Mr Cachia which would warrant a grant of special leave to appeal. Accordingly, special leave should be dismissed.

I publish the order.

AT 10.18 AM THE MATTER WAS CONCLUDED