Bluescope Steel Ltd v Giudice & Ors

[2006] HCATrans 63

[2006] HCATrans 063

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M142 of 2005

B e t w e e n -

BLUESCOPE STEEL LIMITED

Plaintiff

and

THE HONOURABLE PRESIDENT GEOFFREY GIUDICE (MEMBER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION); THE HONOURABLE SENIOR DEPUTY PRESIDENT DAVID DUNCAN (MEMBER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION) AND COMMISSIONER WAYNE BLAIR (MEMBER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION)

First Defendants

COMMISSIONER JOHN TOLLEY

Second Defendant

WAYNE BROWN

Third Defendant

Summons

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 22 FEBRUARY 2006, AT 9.31 AM

Copyright in the High Court of Australia

__________________

MR S.P. AMENDOLA:   If it please the Court, I appear on behalf of the applicant, the plaintiff in this matter.  (instructed by Blake Dawson Waldron)

HER HONOUR:   Yes, are you expecting any other appearances?

MR AMENDOLA:   No, your Honour.  I understand that the third respondent has written to the Court to indicate that it was not appearing and I spoke to the solicitors for the first and second respondents who put in a submitting appearance and indicated that they did not intend to appear.

HER HONOUR:   Yes, and as I understand the matter, you are seeking leave to discontinue matter M142 of 2005?

MR AMENDOLA:   That is so, your Honour, pursuant to rule 47.

HER HONOUR:   There are to be no orders as to costs?

MR AMENDOLA:   That is correct, your Honour.

HER HONOUR:   Would it be appropriate to have a notice of discontinuance filed and served or has that been effectively done by the steps that have already been taken?

MR AMENDOLA:   My client and the third respondent have signed a notice of discontinuance, but because the second – the first and second respondents indicated, because they were merely submitting to the jurisdiction of the Court, they would neither consent nor object to – they would not consent or oppose the filing the discontinuance.

HER HONOUR:   Perhaps I should formally order that a notice be served on them.

MR AMENDOLA:   Yes.

HER HONOUR:   Very well.  The orders will be:

1.        Leave is granted for the applicant to discontinue matter No M142 of 2005.

2.        A notice of discontinuance is to be filed and served by the applicant on the first and second respondents. 

I will note that there are to be no orders as to costs.  Thank you.

MR AMENDOLA:   Thank you, your Honour.

AT 9.33 AM THE MATTER WAS CONCLUDED