Baltic Shipping Company v Dillon

[1993] HCATrans 100

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S113 of 1991

B e t w e e n -

BALTIC SHIPPING COMPANY

Appellant

and

JOAN NORMA DILLON

Respondent

Consent Orders

MASON CJ
DEANE J

DAWSON J

TOOHEY J

McHUGH J

Baltic(4) 1 29/4/93

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 29 APRIL 1993, AT 10.22 AM

Copyright in the High Court of Australia

MASON CJ:  The Deputy Registrar certifies that she holds a

consent duly signed by the solicitors for the

parties in this matter for the making of an order

in the following terms:

1.        Appeal allowed.

2.        Order that the appellant pays 75 per cent of the respondent's costs of the appeal.

3.       Set aside the order of the Court of Appeal of

New South Wales in so far as it dismissed the appeal to that Court.

4.       In lieu of that part of the order of the Court of Appeal so set aside, make the following orders:

(i) Appeal allowed.

(ii)     Set aside so much of the judgment of Mr Justice Carruthers as ordered that the defendant, the appellant in this Court, pay to the plaintiff, the

respondent in this Court, the sum of
$51,396.

5.       Direct the parties to bring in, within 21

days, minutes of order as to the sum to be

paid by the defendant to the plaintiff in

accordance with the judgment of this Court.

6.        In lieu of so much of the judgment of

Mr Justice Carruthers referred to in

paragraph (4), judgment for the plaintiff
against the defendant in the sum of $49,497,
together with interest thereon from

20 November 1989 to the date of payment in

accordance with the Supreme Court of New South

Wales Practice Notes.

There will be orders accordingly.

AT 10.23 AM THE MATTER WAS ADJOURNED SINE DIE

Baltic(4) 2 29/4/93