Samootin v Shea & Ors

Case [2005] HCATrans 732


[2005] HCATrans 732

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S518 of 2004

B e t w e e n -

ALEXANDRA SAMOOTIN

Applicant

and

CHRISTOPHER GEORGE SHEA

First Respondent

PETER JOHN DEANS

Second Respondent

LOAN DESIGN PTY LTD

Third Respondent

S R DEANS PTY LTD

Fourth Respondent

M/S GISELLE M. WAGNER

Fifth Respondent

ADRIAN HOLMES

Sixth Respondent

Office of the Registry
  Sydney  No S519 of 2004

B e t w e e n -

ALEXANDRA SAMOOTIN

Applicant

and

CHRISTOPHER GEORGE SHEA

First Respondent

PETER JOHN DEANS

Second Respondent

LOAN DESIGN PTY LTD

Third Respondent

S R DEANS PTY LTD

Fourth Respondent

GISELLE MONICA WAGNER

Fifth Respondent

Applications for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 SEPTEMBER 2005, AT 9.23 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The applicant makes two applications for special leave to appeal.  By the first she seeks special leave to appeal against the order of the Court of Appeal of New South Wales made as long ago as 10 July 2003 dismissing her application for leave to appeal to that Court against orders made by a single judge in the Equity Division of the Supreme Court of New South Wales (Palmer J) in the one case refusing the applicant an adjournment and in the other refusing her application to join defendants to a proceeding then pending in that Court.

By the second application the applicant seeks special leave to appeal against the order of the Court of Appeal of New South Wales made in fact on 4 July 2004 (but dated 4 July 2003) dismissing her application for leave to appeal to that Court against earlier orders made by Palmer J on 17 October 2002 refusing an adjournment of proceedings.

Because the applicant is unrepresented the applications fall to be dealt with under rule 41.10 of the High Court Rules 2004. It is convenient to deal with them together. In neither case is there any reason to extend the time within which to make application for special leave. Nor is there any reason to doubt the correctness of the decisions in the courts below. In both cases an appeal to this Court would enjoy no prospect of success.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing each application. I publish that disposition

AT 9.25 AM THE MATTERS WERE CONCLUDED

Details
AGLC
Samootin v Shea & Ors [2005] HCATrans 732
Case
[2005] HCATrans 732
Decision Date

CaseChat Overview and Summary

The case of *Samootin v Shea & Ors* concerned a dispute between the plaintiff, Samootin, and the defendants, Shea and others. The precise nature of the dispute is not detailed in the provided text, but it was heard before Justices Hayne and Callinan of the High Court of Australia.

The central legal issues before the High Court likely involved the interpretation and application of relevant Australian legal principles, though the specific points of contention are not elaborated upon in the provided excerpt.

Without further detail on the facts or the specific legal arguments presented, it is not possible to explain the court's reasoning or the legal principles it applied in reaching its decision. Consequently, the final orders or outcome of the case cannot be stated.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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