Baloglow v Konstantinidis

[2002] HCATrans 391

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S1 of 2002

B e t w e e n -

THEO BALOGLOW

Applicant

and

SIMON KONSTANTINIDIS

First Respondent

LARRIPALM PTY LIMITED (Receiver & Manager Appointed)

Second Respondent

CARLISLE DEVELOPMENTS PTY LIMITED (Receiver & Manager Appointed)

Third Respondent

RICVALE HOLDINGS PTY LIMITED
(Receiver & Manager Appointed)

Fourth Respondent

BALKON PTY LIMITED (Receiver & Manager Appointed)

Fifth Respondent

Application for special leave to appeal

GAUDRON J
McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 11 OCTOBER 2002, AT 11.19 AM

Copyright in the High Court of Australia

____________________

MR T.G.R. PARKER:   May it please the Court, I appear for the applicant.  (instructed by Gordon & Johnstone)

MR B.C. OSLINGTON, QC:   I appear with my learned friend, MR G.P. SEGAL, for the respondent, if your Honours please.  (instructed by Charles G. Roth & Co)

GAUDRON J:   Thank you.  I hold a certificate from the Registrar who certifies that she has been informed by the solicitor for the second, third, fourth and fifth respondents, that they enter an appearance and submit to the order of the Court save as to costs.

MR PARKER:   Yes.  The reason Mr Douglas’ name is noted and is not appearing is because this morning the parties resolved their differences in this and related matters.  We have consent orders which provide for these proceedings to be discontinued.  Those consent orders have been signed by the solicitors for all parties including the submitting party.

GAUDRON J:   Very well.  Well, there will be orders accordingly, namely, that the proceedings be discontinued and each party pay its own costs of these proceedings.

MR PARKER:   May it please the Court.

GAUDRON J:   There are, I take it, other agreements beside these?

MR PARKER:   There is, I believe, a very lengthy document.

GAUDRON J:   I see.

MR OSLINGTON:   An agreement similar to one that gave rise to the litigation and hopefully will not give rise to any further litigation.

GAUDRON J:   Very well, thank you.  We thank you for that, and we will call the next application.

AT 11.21 AM THE MATTER WAS CONCLUDED