Valassis v Jones S43/2002 [2002] HCATrans 378 (9 August 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S43 of 2002

B e t w e e n -

DENNIS VALASSIS

Applicant

and

IAN ROBERT DURSTON JONES

Respondent

Application for special leave to appeal

KIRBY J

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 9 AUGUST 2002, AT 1.01 PM

Copyright in the High Court of Australia

MR I.R.D. JONES appeared in person.

KIRBY J: We understand that this matter can be dealt with on the papers. We have a certificate, which was given to the Registry today, indicating that a doctor in a practice in the Warringah Mall has certified that the applicant is suffering from a progressive end stage of a malignant condition and is unfit for work from 3 August to 3 September. I do not quite know what the significance of that is, but, in any case, there is no application for an adjournment and, therefore, the Court is inclined to deal with the matter on the papers.

MR JONES: Thank you, your Honour.

KIRBY J: Thank you. You can sit down, Mr Jones.

This application is to be dealt with on the papers.

The Court has read the materials in the application book, including the reasons of Justice Sperling in the Supreme Court of New South Wales and the short reasons of the Court of Appeal of New South Wales for refusing leave to appeal from Justice Sperling's orders. We have also read the written submissions of the parties. No error has been shown in the reasons of the courts below. We regard them as clearly correct. There is, therefore, no warrant to grant special leave to appeal to this Court.

The respondent asks for indemnity costs. Such an order was made by Justice Sperling and by the Court of Appeal. Against the background of the history and nature of this proceeding, as disclosed by Justice Sperling, we think that, exceptionally, indemnity costs should be ordered.

The application is dismissed. The applicant must pay the respondent's costs on an indemnity basis. We will direct the Registrar to provide a copy of this transcript to the applicant.

Adjourn the Court until Monday, 12 August at 2.15 pm in Adelaide.

AT 1.04 PM THE MATTER WAS CONCLUDED