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

The parties before the High Court of Australia were the applicants, Michael Vincent Bourke and others, and the respondent, the State Bank of New South Wales. The Attorney-General for New South Wales also appeared in the proceedings. The matter concerned an application for removal pursuant to section 40 of the Judiciary Act.

The primary legal issue before the Court was the determination of costs associated with a motion brought by the Attorney-General and a related motion that was not proceeded with. The applicants sought an order that these costs be costs in the cause.

The Court, presided over by Mason CJ, made orders by consent regarding the costs of the motions. Mr. Pilkinton, appearing for the original applicants, consented to the orders sought by Mr. Mason QC, the Solicitor-General for New South Wales, who appeared with Mr. Taylor for the Attorney-General and the State Bank. The Court then adjourned the matter sine die.