Aero Professional Pty Ltd v Federal Airports Corporation

Case

[1993] HCATrans 217

No judgment structure available for this case.

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry No S222 of 1992

Sydney

B e t w e e n -

AERO PROFESSIONAL PTY LTD

Applicant

and

FEDERAL AIRPORTS CORPORATION

Respondent

Application for removal of
cause under section 40 of the

Judiciary Act

MASON CJ
GAUDRON J

McHUGH J

Aero 9/8/93

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 9 AUGUST 1993, AT 9.32 AM

Copyright in the High Court of Australia

MR M. FOLEY: I appear for the applicant. (of Foleys)

MR J.E. ARMFIELD: If Your Honour pleases, I appear for the

respondent. (instructed by Emil Ford & Co)

MR FOLEY: At present there is no matter pending, so the

application should be struck out.

MASON CJ: With costs?

MR FOLEY: That is my friend's application.

MASON CJ:  When you say "struck out", you mean dismissed?

MR FOLEY: Dismissed, yes.

MASON CJ: Yes, very well. It will be dismissed, by

consent, I take it?

MR ARMFIELD:  Yes, Your Honour.
MASON CJ:  Now, what about costs?
MR ARMFIELD:  We would seek costs of the application,

Your Honour.

MASON CJ: Is an application for costs opposed?

MR FOLEY: With some small force, Your Honour. I do not see

how it can be opposed in terms of the application

having being brought.

MASON CJ: But you oppose it even though you cannot see how

it can be opposed?

MR FOLEY:  I do, Your Honour.
MASON CJ:  The application is dismissed with costs.

MR ARMFIELD: If it please the Court.

AT 9.34 AM THE MATTER WAS ADJOURNED SINE DIE
Aero 9/8/93

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

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