BHP Billiton v Comm of Taxation Cth

[2002] HCATrans 10

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M91 of 2001

B e t w e e n -

BHP BILLITON LIMITED

Appellant

and

THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

GLEESON CJ
GAUDRON J
GUMMOW J
KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 FEBRUARY 2002, AT 10.24 AM

Copyright in the High Court of Australia

MR B.J. SHAW, QC:   If the Court pleases, I appear with my learned friends, MR D.H. BLOOM, QC and MR J.W. DE WIJN, QC, for the appellant.  (instructed by Allens Arthur Robinson) 

My learned friends, MR G.A.A. NETTLE, QC and MS M.M. GORDON, appear for the respondent.  (instructed by Australian Government Solicitor) 

I have been informed by my learned friend that after consultation with your Honour the Chief Justice he was informed that it was unnecessary for counsel for the respondent to be present and they are not.  However, Mr Vitale of the respondent’s solicitors is present.

GLEESON CJ:   Thank you.

MR SHAW:   If the Court pleases, the matter has been settled and I have supplied copies of the proposed consent orders to the Court.  There are two things I should say about that proposed order.  The first is that my learned friends, Mr Nettle and Ms Gordon, in their enthusiasm for the settlement signed the consent as counsel for the appellant and I asked Mr Nettle could I alter that.  He said I could.  So I have.  The second thing is that Mr Vitale has pointed out to me, correctly, that the number of the proceeding in the heading as M19 inverts the numbers.  It should be M91.

GLEESON CJ:   We will make that alteration and we will make orders in terms of the consent orders on the papers.

MR SHAW:   If the Court pleases.

GLEESON CJ:   We will adjourn now until 9.30 tomorrow morning in Melbourne and 9.30 tomorrow morning in Sydney.

AT 10.26 AM THE MATTER WAS CONCLUDED