Corporate Affairs Commission of New South Wales v Yuill

[1991] HCATrans 161

..

"I

• ~

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No Sl36 of 1990

B e t w e e n -

CORPORATE AFFAIRS COMMISSION

'OF NEW SOUTH WALES

Appellant

and

BRIAN RICHARD YUILL

First Respondent

TOURIST HOLIDAY VILLAGES PTY

LIMITED

Second Respondent

NODROGAN PTY LIMITED

Third Respondent

Variation of Order

Yuill(3) 1 27/6/91

BRENNAN J
TOOHEY J

GAUDRON J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 27 JUNE 1991, AT 4.26 PM

Copyright in the High Court of Australia

MR M.J. McGINNESS:  I appear for the appellant, Your Honour.

(instructed by Mr M.M. Martin, Solicitor for the

Corporate Affairs Commission)

MR M. WEBECK:  I appear for the respondents in this matter.

(of Webeck, Farland & Pender)

BRENNAN J:  My attention has been drawn to the fact that the

order that was made	this morning in this Court is
not consistent with	the terms on which special
leave was granted.	Is that correct?

MR WEBECK:  That is correct, Your Honours. I can hand up a

copy of the transcript, if it is of any assistance

to Your Honours.

BRENNAN J:  I think we have a copy of it here, thank you

very much.	Are you· in agreement with that
proposition?

MR McGINNESS:	I am, Your Honours.
BRENNAN J:	And that the order should be amended to accord

with the terms on which the special leave was

granted.

MR MCGINNESS: That is so, Your Honour.

BRENNAN J:  The order which would seem to give effect to it

would read as follows - do you have a copy of this

morning's order in front of you?

MR WEBECK:  Yes, we do.

MR McGINNESS: Yes, Your Honour.

BRENNAN J: If the first line of that order remained intact,

the following paragraph read as follows:

Set aside the orders and declarations of the

New South Wales Court of Appeal except so far

as it was ordered that the appellant pay the	respondents' costs of the appeal before that
Court and in lieu thereof order that the
appeal to that Court be dismissed.

Would that then give effect to the terms of the

leaye application?

MR WEBECK:  Yes, Your Honour.

MR MCGUINNESS: That is so, Your Honour.

BRENNAN J: Then is it agreed that an order in those terms

should be made in lieu of the order that was made

this morning?

Yuill(3) 2 27/6/91

MR WEBECK: Sorry to trouble you, Your Honour, could you

just repeat the order again?

BRENNAN J: Yes.

Set aside the orders and declarations of the

New South Wales Court of Appeal -

and the new words then follow:

except so far as it was ordered that the

appellant pay the respondent's costs of the

appeal before that court.

The words then continue as in the order:

and in lieu thereof order that the appeal to

that Court be dismissed -

and the words "with costs" are deleted.

MR WEBECK:  Your Honours, the respondents, of course, in

this Court, were the appellants in the New South

Wales Court of Appeal.

I just want to make it perhaps more abundantly

clear that the appellants in these proceedings

were in this Court.

BRENNAN J: Yes. Perhaps to make the assurance doubly sure,

it would be desirable to have it:

except so far as it was ordered that the

appellant (the respondent in the Court of

Appeal) pay the_ costs of the respondent (the

appellants in the Court of Appeal) of the

appeal before that Court.

MR WEBECK: That appears to cover it, Your Honours.

BRENNAN J: That is, the respondents and appellants, where

last mentioned, will be plural.

MR WEBECK:	Yes.
BRENNAN J:	You have no objection to the making of that

order?

MR McGINNESS:  I have no objection, Your Honour.

BRENNAN J:  Very well. The order as pronounced earlier

today in this matter will be amended so as to read

as follows:

Appeal allowed with costs.

Yuill(3) 27/6/91

Set aside the orders and declarations of the

New South Wales Court of Appeal except so far

as it was ordered that the appellant (the

respondent in the Court of Appeal) pay the

costs of the respondents (the appellants in
appeal to that Court be dismissed.

the Court of Appeal) of the appeal before that

Leave to the appellant and the respondents

within 14 days to apply in writing for such
further order as it or they may be advised as
to the production of the envelopes of
documents returned to the respondents pursuant

to the order of the Court of Appeal.

MR WEBECK: If the Court pleases.

AT 4.33 PM THE MATTER WAS ADJOURNED SINE DIE

Yuill(3) 4 27/6/91