Cockman v Gorman & Ors

COCKMAN
v
GORMAN & ORS
[2023] HCASL 145
P8/2023

The applicant applies for special leave to appeal from orders of the Supreme Court of Western Australia, Court of Appeal (Mitchell, Vaughan and Hall JJA) dismissing an appeal from the orders of the primary judge (Curthoys J) summarily dismissing the applicant's claim for damages for alleged contractual breaches and an injunction ordering that he be admitted to membership of the Western Australian Branch of the Australian Labor Party.
The application does not raise a question of law of public importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the unanimous decision of the Court of Appeal. The applicant's application for orders, among others, that the application be listed for determination at an oral hearing, is refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

M.M. Gordon J.M. Jagot

12 October 2023

CaseChat Overview and Summary

The case of Cockman v Gorman & Ors involved an applicant, Cockman, who sought to appeal against the decisions of the Supreme Court of Western Australia, Court of Appeal. The primary judge, Curthoys J, had dismissed Cockman's claim for damages arising from alleged contractual breaches and an injunction requesting his admission to membership of the Western Australian Branch of the Australian Labor Party. The Court of Appeal subsequently upheld the primary judge's decision. Cockman's application for special leave to appeal these orders to the High Court was subsequently considered by the court.

The legal issues that the court was required to decide included whether the application raised a question of law of public importance sufficient to warrant a grant of special leave to appeal. Additionally, the court had to assess if Cockman had advanced any arguable grounds of appeal against the unanimous decision of the Court of Appeal. Cockman also sought orders for his application to be listed for an oral hearing.

The court found that the application did not raise a question of law of public importance that warranted a grant of special leave to appeal. Furthermore, it was determined that Cockman had not advanced any arguable grounds of appeal against the decisions of the Court of Appeal. The court dismissed Cockman's application and, pursuant to the High Court Rules, directed the Registrar to draw up an order dismissing the application with costs.

Cockman's application for special leave to appeal was dismissed with costs. The court held that the application did not sufficiently meet the criteria for special leave to appeal and did not advance any arguable grounds of appeal against the decisions of the Court of Appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established