CMT Construction of Metropolitan Tunnels v National Employers' Mutual General Insurance Association Limited

[1988] HCATrans 309

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M70 of 1988

B e t w e e n -

CMT CONSTRUCTION OF METROPOLITAN

TUNNELS

Applicant

and

NATIONAL EMPLOYERS' MUTUAL

GENERAL INSURANCE ASSOCIATION

LIMITED

Respondent

Consent Orders

MASON CJ
BRENNAN J
DEANE J
DAWSON J

GAUDRON J

TRANSCRIPT OF PROCEEDINGS

C2T3/1/JM 7 8/12/88

AT CANBERRA ON THURSDAY, 8 DECEMBER 1988, AT 10.26 AM

(Continued from 14/10/88)

Copyright in the High Court of Australia

MASON CJ:  The Registrar certifies that he holds a consent

duly signed by the solicitors for the parties

consenting to the making of the following orders

in this manner:

(1)	Appeal be allowed with costs, excluding the
costs of the application for special leave to appeal;
(2)	that paragraph 3 of the judgment of the Full
Court of the Supreme Court of Victoria made
on 9 November 1987 whereby CMT Construction
of Metropolitan Tunnels (CMT) was held liable
to National Employers' Mutual General Insurance
Association Limited (NEM) in the sum of $36,960.21 with costs be set aside and in lieu thereof order that the counter-claim of NEM against CMT be dismissed with costs and order that NEM repay to CMT the sum of
$36,960.21;
(3)	that NEM pay Transport Accident Connnission's
costs in relation to CMT's application for special leave to appeal to this Court. There
will be consent orders accordingly.

AT 10.27 AM THE MATTER WAS ADJOURNED SINE DIE

C2T3/2/MB 8/12/88