Endovasive Pty Ltd v Bright

[2003] HCATrans 275

[2003] HCATrans 275

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S326 of 2002

B e t w e e n -

ENDOVASIVE PTY LIMITED

Applicant

and

KERRIE BRIGHT (ON HER OWN BEHALF AND IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GROUP MEMBERS WHO UNDERWENT STERILISATION PROCEDURES IN AUSTRALIA USING FILSHIE CLIPS)

First Respondent

FEMCARE LIMITED

Second Respondent

Office of the Registry
  Sydney  No S327 of 2002

B e t w e e n -

FEMCARE LIMITED

Applicant

and

KERRIE BRIGHT (ON HER OWN BEHALF AND IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GROUP MEMBERS WHO UNDERWENT STERILISATION PROCEDURES IN AUSTRALIA USING FILSHIE CLIPS)

First Respondent

ENDOVASIVE PTY LIMITED

Second Respondent

Office of the Registry
  Sydney  No S110 of 2000

B e t w e e n -

FEMCARE LIMITED

Applicant

and

KERRIE BRIGHT

First Respondent

ENDOVASIVE PTY LIMITED

Second Respondent

Applications for special leave to appeal

GLEESON CJ
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 8 AUGUST 2003, AT 9.34 AM

Copyright in the High Court of Australia

__________________

MR F. McLAY:   May it please the Court, I appear for Endovasive Pty Limited.  (instructed by Sparke Helmore)

MR M.A. FRIEDGUT:   May it please the Court, I appear for Femcare Limited.  (instructed by Freehills)

MR P.K. CASHMAN:   May it please the Court, I appear for the first respondent.  (instructed by Maurice Blackburn Cashman)

GLEESON CJ:   In these matters, consent orders are going to be made, is that right?

MR FRIEDGUT:   That is correct, your Honour.

GLEESON CJ:   I just want to put my hands on the forms of the consent orders.  They are the same in each case, are they not?

MR FRIEDGUT:   Essentially, your Honour, they are the same in each case, except that the parties are different in that Endovasive is the applicant in the first matter, whereas in the second matter Femcare is the applicant and in the third matter ‑ ‑ ‑

GLEESON CJ:   The orders are the same, are they not?

MR FRIEDGUT:   The orders are exactly the same, your Honour.

GLEESON CJ:   I note that by consent in each of these three matters the Court makes the following orders:  the application for special leave to appeal is discontinued and by consent there will be no order as to costs in any of these cases.

AT 9.35 AM THE MATTERS WERE CONCLUDED