Accounting Systems 2000 (Developments) Pty Limited & Anor v CCH Australia Limited

[1993] HCATrans 320

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S90 of 1993

B e t w e e n -

ACCOUNTING SYSTEMS 2000
(DEVELOPMENTS) PTY LIMITED and
ACCOUNTING SYSTEMS 2000 PTY

LIMITED

Applicants

and -

CCH AUSTRALIA LIMITED and

CASTLE DOUGLAS PTY LIMITED

Respondents

Application for special leave

to appeal

MASON CJ DAWSON J

Accounting 1 26/10/93

TOOHEY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 26 OCTOBER 1993, AT 12.32 PM

Copyright in the High Court of Australia
MR J.M. IRELAND, OC: If Your Honours please, I appear with

my learned friend, MR R.J. WEBB, on behalf of the

applicant. (instructed by Worthington Storey)

MR D.K. CATTERNS, OC:  I appear for the respondents.

(instructed by Rosenblum & Partners)

MR IRELAND: This is a very short case, Your Honours, if

Your Honours will go along with our proposal. Only

this morning we have reached between us a

resolution of the whole of this litigation which

would involve withdrawal or discontinuance of the

application for special leave. That arrangement,

Your Honours, has to be documented and we would

apprehend a need to file a notice of discontinuance

in conformity of the rules.

Our joint application to Your Honours would be

that the matter either stand out of the list for
today or stand it to another day later in the week,
if necessary, but certainly stand it out of the
list today whilst we effectuate the resolution of

the matter.

MASON CJ:	I think if we make an order standing it out of today's list and leave it to the parties to take
such action as they may be advised to have it
restored to the list when convenient.
MR IRELAND:	I am sure that will not be necessary,

Your Honour, but we are obliged if Your Honours

will take this course.

MASON CJ: Yes. If you file a notice of discontinuance you

will not need to but if that procedure does not

prove to be acceptable then you can have it

restored to the list.

MR IRELAND:  Thank you, Your Honour. I am sorry it is so

late, but we have reached a useful resolution of a

lot more than today's problems.

MASON CJ:	We regard it as welcome news, Mr Ireland.
MR IRELAND:	Thank you, Your Honour.

MASON CJ: Indeed, I ought to congratulate you both on

taking such a sensible course, provided it is

successful.

AT 12.33 PM THE MATTER WAS ADJOURNED SINE DIE

Accounting 26/10/93