Air Caledonie International & Ors v Commonwealth of Australia

[1989] HCATrans 238

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S53 of 1988

B e t w e e n -

AIR CALEDONIE INTERNATIONAL

and OTHERS

Plaintiffs

and

THE COMMONWEALTH OF AUSTRALIA

Defendants

For mention

MASON CJ
DEANE J

GAUDRON J

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TRANSCRIPT OF PROCEEDINGS

AT !~0UPNE ON FRIDAY, 13 OCTOBER 1989, AT 9.34 AM

Copyright in the High Court of Australia

SlTl/1/RB 1 13/10/89

MR A. ROBERTSON:  May it please the Court, in that matter I

appear for the plaintiffs. (instructed by Blake

Dawson Waldron)

MISS P. SHARP:  May it please the Court, I appear for the

defendant. (instructed by the Australian Government

Solicitor)

MR ROBERTSON:  Your Honours, the Court may recall that on

24 November last year certain orders were made

overruling the Commonwealth's demurrer with costs

and standing the action over for mention before

a single Justice for the purpose - - -

MASON CJ:	A declaration was also made.
MR ROBERTSON:	That 34A was invalid, indeed, yes, Your

Honour. The purpose of standing the action over was

that what was left outstanding for determination

was the alternative counter-claim of the Commonwealth

which was whether the provision was valid or

invalid. The plaintiffs nevertheless owed the sums

actually collected to the defendant.

That action has now been settled and the parties,

by consent, seek two orders from the Court. Might I hand up a document which sets out the two orders

that are proposed. There is more paper listing

the plaintiffs than - - -

MASON CJ: There is more in the heading than there is in

the substance of the order.

MR ROBERTSON:  May I ask Your Honours to read the word "cost"

in paragraph 1 as "costs".

MASON CJ:	Yes.
MR ROBERTSON:	Those are the orders we would seek, Your Honours.
MASON CJ:	Mr Robertson, by consent, orders will be made

in terms of the document that has been handed up

and will be placed with the papers.

AT 9.36 AM THE MATTER WAS ADJOURNED SINE DIE

C:lTl/2/RB 2 13/10/89

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