APLA Ltd & Ors v Legal Services Commissioner NSW

[2004] HCATrans 374

[2004] HCATrans 374

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S202 of 2004

B e t w e e n -

APLA LIMITED

First Plaintiff

MAURICE BLACKBURN CASHMAN PTY LTD

Second Plaintiff

ROBERT LESLIE WHYBURN

Third Plaintiff

and

LEGAL SERVICES COMMISSIONER OF NEW SOUTH WALES

First Defendant

THE STATE OF NEW SOUTH WALES

Second Defendant

For mention

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 OCTOBER 2004, AT 9.33 AM

Copyright in the High Court of Australia

__________________

MR S.J. GAGELER, SC:   Your Honour, I appear for the plaintiffs with MR J.K. KIRK and MR P.K. CASHMAN.  (instructed by Maurice Blackburn Cashman)

MR M.G. SEXTON, SC, Solicitor‑General for the State of New South Wales:   I appear with MR M.J. LEEMING, for the second defendant, your Honour.  (instructed by Crown Solicitor (New South Wales))

HIS HONOUR:   I think you need leave for this further amended statement of claim.

MR GAGELER:   Yes, and we seek that leave, your Honour.

HIS HONOUR:   That is not opposed?

MR SEXTON:   No, your Honour.

HIS HONOUR:   I grant leave to file the further amended statement of claim dated 6 October and the amended stated special case.  Now, the original of that should be signed.  The Registrar has it there.  If you can sign that after I adjourn.  Insofar as you need any leave for that, that is given also.

MR GAGELER:   Your Honour wants us to sign the special case?

HIS HONOUR:   Yes, the amended special case, just the two of you.  All right.  Is there anything else?

MR GAGELER:   No, your Honour.

HIS HONOUR:   I will certify for counsel and I will adjourn.

AT 9.34 AM THE MATTER WAS CONCLUDED