We have now had an opportunity to view the Applications for Special Leave to Appeal to the High Court of Australia (“High Court”) of Sullivan and Swan & Donaldson.
The Sullivan application focusses on the claim that he was not given “procedural fairness” in the hearing before Justice Wigney such that it could have affected the result and thus warrants a retrial.
The Swan & Donaldson application claims that the trial Judge was wrong to have rejected their claim that Mr McCormick deceived them and that they were denied natural justice.
Our responses have been lodged with the High Court. They state that the Appellants’ claims do not undermine the trial Judge’s findings of negligence or his conclusion that the Appellants ought not be exonerated.
The Appellants are now permitted to lodge their Replies (limited to 5 pages) to our Responses by 20th November 2017.
The Appellants will then produce an “Application Book” for consideration by two judges of the High Court as to whether or not to allow leave to appeal, which will be either decided “on the papers” (possibly towards end March 2018) or set down for an oral hearing (possibly by April – May 2018).