Gibbs v Triscott B51/1997 [1998] HCATrans 103 (17 April 1998)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B51 of 1997

B e t w e e n -

ALAN HARRY GIBBS

Applicant

and

PAUL ANTHONY TRISCOTT

Respondent

Application for special leave to appeal

GAUDRON J

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON FRIDAY, 17 APRIL 1998, AT 9.39 AM

Copyright in the High Court of Australia

GAUDRON J: In this matter the applicant and respondent are each content to rely on their written submissions. The applicant seeks special leave to appeal from a decision of the Court of Appeal of Queensland dismissing an appeal from Justice Derrington ordering the payment out of court of moneys lodged as a condition of the taxation of a bill of costs. The applicant wishes to argue that the costs were not owed by him but by a company with which he was associated. The application, which was not brought within the time limited by the Rules, raises no issue of general importance such as to attract the grant of special leave.

The Court orders that time for the bringing of the application be extended but that the application be dismissed with costs.

AT 9.40 AM THE MATTER WAS CONCLUDED