Avsar v Westland Healthcare Ltd [2007] HCATrans 519 (6 September 2007)

Last Updated: 13 September 2007

[2007] HCATrans 519

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Perth No P35 of 2006

B e t w e e n -

JENNIFER PATRICIA AVSAR AS ADMINISTRATRIX FOR THE DECEASED ESTATE OF ANTOINETTE MARIA COWAN

Applicant

and

WESTLAND HEALTHCARE LTD

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 SEPTEMBER 2007, AT 9.06 AM

Copyright in the High Court of Australia

GUMMOW J: After seeking to rely on numerous statements of claim for over nine years, the applicant succeeded in obtaining an order from the District Court of Western Australia that she file an amended statement of claim, the amendments being confined to two matters. The Court of Appeal of the Supreme Court of Western Australia granted the respondent leave to appeal and allowed the appeal in relation to one of the two matters, and dismissed the applicant's application for leave to cross-appeal. It allowed the appeal for the following reasons. First, the amended statement of claim relied on a claim for damages for personal injuries suffered by the applicant, despite the fact that she was only suing as an executrix. Secondly, that claim was statute-barred. The court dismissed the application for leave to cross-appeal on the ground that the District Court had not erred.

The applicant seeks special leave to appeal against orders of a discretionary kind in a matter of practice and procedure. It is rare for special leave to be granted in these circumstances. In any event the prolix and discursive documents filed by the applicant do not demonstrate any error in the Court of Appeal's approach.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Justice Heydon and myself.

AT 9.08 AM THE MATTER WAS CONCLUDED