Barnes Towing & Salvage (Qld) Pty Ltd v Cross

[2003] HCATrans 372

[2003] HCATrans 372

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S375 of 2002

B e t w e e n -

BARNES TOWING & SALVAGE (QLD) PTY LTD

Applicant

and

BRIAN CROSS

Respondent

Application for removal pursuant to section 40 of the Judiciary Act 1903

GLEESON CJ
GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 16 SEPTEMBER 2003, AT 2.58 PM

Copyright in the High Court of Australia

GLEESON CJ:   This is an application for an order for removal into this Court of the whole of proceedings now pending in the Local Court at Lismore between the respondent as informant and the applicant as defendant in case No 00061410/2/117.  It appears to the Court that the outcome of these proceedings could turn upon the resolution of facts which have not yet been determined, and that in those circumstances it is inappropriate to make an order for removal.  The application is dismissed with costs.

The Court will adjourn until 10.15 am on Monday, 29 September in Canberra.

AT 3.00 PM THE MATTER WAS CONCLUDED