Agtrack (NT) Pty Ltd v Hatfield

[2004] HCATrans 395

[2004] HCATrans 395

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M55 of 2003

B e t w e e n -

AGTRACK (NT) PTY LIMITED (TRADING AS SPRING AIR)

Applicant

and

ANN CHRISTINE HATFIELD

Respondent

For judgment

GLEESON CJ
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 8 OCTOBER 2004, AT 12.26 PM

(Continued from 18/6/04)

Copyright in the High Court of Australia

MR R.F. MARGO, SC:   May it please the Court, I appear for the applicant with MR R.M. PETERS.  (instructed by Norton White)

MR P.F. O’DWYER, SC:   May it please the Court, I appear for the respondent.   (instructed by Slater & Gordon)

GLEESON CJ:   In this matter there will be a grant of special leave to appeal.  The matter will be listed together with Air Link for hearing.

MR O’DWYER:   I wonder if I might make a similar application in relation to costs, your Honour, and if that might be reserved.  I know we did not make it at the special leave application.

GLEESON CJ:   There is no reason why we should not keep the position open is there, Mr Margo?

MR MARGO:   Your Honours,…..

GLEESON CJ:   Well, once again we will note, Mr O’Dwyer, that you have indicated that in the event that an appeal is allowed your client will be applying for a special order as to costs, and you can make that application at the hearing of the appeal.

MR O’DWYER:   Thank you, your Honour.

AT 12.27 PM THE MATTER WAS CONCLUDED