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Cachia v Westpac Financial Services Ltd S285/2000 [ 2001] HCATrans 614  (23 November 2001)

Sydney No S285 of 2000

B e t w e e n -

SALV LAURENCE CACHIA

Applicant

and

WESTPAC FINANCIAL SERVICES LTD

Respondent

Application for special leave to appeal

GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 23 NOVEMBER 2001, AT 9.32 AM

Copyright in the High Court of Australia

MR S.L. CACHIA appeared in person.

MR R.J. WEBER, SC: May it please the Court, I appear for the respondent. (instructed by Mallesons Stephen Jaques)

GAUDRON J: Yes, Mr Cachia.

MR CACHIA: Your Honours, I rely on the documentation.

GAUDRON J: Yes. There is nothing you wish to add to it?

MR CACHIA: No, not at this stage.

GAUDRON J: Thank you. Well, this might be the only opportunity you have.

MR CACHIA: Well, if you like me to go over the documentation that I have - - -

GAUDRON J: No, we are not inviting you, but when you said "not at this stage", I think it is only fair to warn you this may be your only opportunity.

MR CACHIA: Your Honour, what I had in mind was that if counsel say something to which I want to reply, then I will take the opportunity.

GAUDRON J: Yes, thank you, Mr Cachia. Mr Weber, we do not need to hear you in this matter.

MR WEBER: If the Court pleases.

GAUDRON J: Mr Cachia, we have studied your submissions in this matter but we are of the view that given the adverse factual findings of the trial judge the proposed appeal does not enjoy sufficient prospects of success to warrant the grant of special leave and, moreover, the facts of the case render it an unsuitable vehicle for consideration of any extension of the decision in Gambotto v WCP Limited & Anor [1995] HCA 12; 182 CLR 432.

Accordingly, special leave is refused. It will be refused with costs.

McHUGH J: Mr Cachia, what has happened to you in this case is tragic. You have incurred terrible bills for costs and I know you are an experienced litigant and you are reasonably well-to-do but you really have to, in some of these cases, take legal advice and act on it, even if it is not terribly palatable to you. It is up to you. You have a perfect right to bring these cases, but I find it quite upsetting that a person such as yourself incurs these very large sums for legal costs. It is very distressing. But I agree with what Justice Gaudron has said.

GAUDRON J: Yes. The Court will now adjourn briefly to reconstitute.

AT 9.34 AM THE MATTER WAS CONCLUDED