Bourke & Ors v State Bank of New South Wales; Ex parte Attorney-General for New South Wales

[1989] HCATrans 121

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S44 of 1989

B e t w e e n -

MICHAEL VINCENT BOURKE,

L & M HOLDINGS PTY LTD,

LR A RESTAURANTS PTY LTD,

HUNTER DEVELOPMENTS PTY LTD,

EMAS PTY LTD, BONOTO PTY LTD,

KRYS PROPERTIES PTY LTD,

AVITO PTY LTD and TERENCE BOURKE

Applicants

and

STATE BANK OF NEW SOUTH WALES

Respondent

Ex parte -

C TUE ATTORNEY-GENERAL FOR

NEW SOUTH WALES

Application for removal pursuant

to section 40 of the Judiciary Act

MASON CJ
BRENNAN J
DEANE J
DAWSON J

Bourke

TOOHEY J
GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 31 MAY 1989, AT 10.15 .AM

Copyright in the High Court of Australia

ClTl/1/SH 1 31/ 5/89

MR K. MASeN QC, Solicitor-General for New South Wales:

MB. P.T. TAYLOR, for the Attorney-General of New South	If the Court pleases, I aDDear with my learned friend,
Wales and the State Bank of New South Wales.
(instructed by the Crown Solicitor for New South Wales)

MR S.H. PILKINTON: If the Court pleases, I appear on behalf of

the original applicants in this matter. (instructed

by Messrs J.M. Caruana, Kay & Barry)

MR MASON:  Your Honours, there is an appeal pending before the

Full Court of the Federal Court.

MASON CJ:  Yes, we have read the papers and we are familiar with

the application.

MR MASON:  Yes. Well, then, the application I make is that the

Court makes order 1 in the Attorney-General's motion

and order that costs of the motion and of the other

motion which was taken out and will not be proceeded

with be costs in the cause.

MASON CJ: Yes. That is consented to, is it, Mr Pilkinton?

MR PILKINTON:  That is, Your Honour, yes.

MASON CJ: Yes, the Court will make those orders by consent,

Mr Solicitor.

MR MASON: If the Court pleases.

AT 10.17 AM THE MATTER WAS ADJOURNED SINE DIE

ClTl/2/SH	2	31/5/89
Bourke