Mandat Nominees Pty Ltd and ORS v Dominion Taylor Wood Auctioners Pty Ltd M83/1996 [1997] HCATrans 184 (6 June 1997)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M83 of 1996

B e t w e e n -

MANDAT NOMINEES PTY LTD, FOURTH UNKNOWN PTY LTD and SIGMUNDE CORPORATION PTY LTD

Applicants

and

DOMINION TAYLOR WOOD AUCTIONEERS PTY LTD

Respondent

Application for special leave to appeal

BRENNAN CJ

DAWSON J

KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 6 JUNE 1997, AT 11.58 AM

Copyright in the High Court of Australia

BRENNAN CJ: The applicants challenge the meaning a majority of the Court of Appeal of the Supreme Court of Victoria gave to the phrase "improvements made by the lessee" in section 100(4) of the Land Act 1968 (Vic).

The parties have elected not to present oral argument, relying on their respective written submissions. As the several opinions in the Supreme Court demonstrate, the legislation is arguably susceptible of two meanings. However, the application raises no more than the meaning of a statutory phrase. It evokes no revisiting of any principle of statutory interpretation. Moreover, an unanswered affidavit filed by the respondent's solicitor deposes to information that "there are no more than `a handful' of existing Crown leases which include a provision imposing an obligation upon the lessee to carry out improvements on the property".

There is no question of general public importance that warrants a grant of special leave. Accordingly, special leave to appeal is refused with costs.

AT 12 NOON THE MATTER WAS CONCLUDED