On the 12 February Steve’s application for special leave to appear before the High Court of Australia was heard in Canberra.
Despite strong legal opinions that he had a great case for review, the High Court judges (three of them) sadly declined his application to have the case reviewed. This is a sad consequence of our High Court system whereby only a fraction (maybe one out of 15) cases get leave to appear granted.
The legacy of Steve’s case is the excellent (albeit minority) decision in favour of Steve from the President of the WA Supreme Court of Appeal, Justice McClure.
Steve is still waiting on a decision from the same court of appeal in WA as to whether he will be liable for the costs of the original case – approximately $800,000.
He has a costs order against him from the Trial Appeal. This is offset by a costs order against Michael Baxter when Steve’s application to have the costs order from the original trial reviewed was granted. It is all very complicated!
Steve will most likely have a costs order against him for the failed High Court bid.
The Safe Food Foundation is still fund raising to assist with paying Steve’s legal bills incurred to date. We are not sure yet what Steve wants to do in relation to fund raising to pay for Baxter’s costs. It is too early to tell what he owes until the WA Court of Appeal brings down their decision on the original trial costs.