Australian Tape Manufacturers Association Ltd & Ors v The Commonwealth of Australia

[1990] HCATrans 199

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No Ml2 of 1990

B e t w e e n -

AUSTRALIAN TAPE MANUFACTURERS
ASSOCIATION LTD, BASF AUSTRALIA
LIMITED AND TDK (AUSTRALIA)

PTY LTD

Plaintiffs

and

THE COMMONWEALTH OF AUSTRALIA

Defendant

For judgment

DAWSON J ..

(In Chambers)

Tape 1 24/8/90

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 24 AUGUST 1990, AT 10.15 AM

Copyright in the High Court of Australia

(Reasons for judgment were delivered)

HIS HONOUR:  Does anyone seek any order for costs

MR W. ARTHUR:  May it please the Court. I appear for the

plaintiffs. (instructed by Blake Dawson Waldron)

- We would seek the costs of the application.

MRS J. DREW:  Your Honour, I appear for the Commonwealth and

we do not seek any order as to costs in our favour.

(instructed by the Australian Government Solicitor)

HIS HONOUR:  You hardly could do that, since you supported

the application.

MRS DREW:· That is right, Your Honour.

MR C. WHITELAW:  May it please Your Honour, I appear for the

applicants and I am afraid I have no instructions

in relation to the issue of costs. (instructed by

Messrs Gilbert and Tobin)

HIS HONOUR:  Very well. The application will be dismissed

with costs against the applicants in favour of the

plaintiffs and I will certify for counsel.

Does that cover everything?

MR ARTHUR:	May it please the Court.
MR WHITELAW:	May it please the Court.
HIS HONOUR:	Very well, I will make that order.

AT 10.16 THE MATTER WAS ADJOURNED SINE DIE

Tape 2 24/8/90