Gaye (No 1) Pty Ltd v Allan Rowlands Holdings Pty Ltd

[1993] HCATrans 228

~

• "I

• JA

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Darwin No D6 of 1992

B e t w e e n -

GAYE (NO. 1) PTY LTD

Appellant

and

ALLAN ROWLANDS HOLDINGS

PTY LTD

Respondent

For Orders

MASON CJ

GAUDRON J

Gaye(S) 17/8/93

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 17 AUGUST 1993, AT 9.33 AM

Copyright iri the High Court of Australia
MASON CJ: Judgment in this matter was handed down in

Canberra on 30 June this year. The orders of the

Court made on that date included liberty to the parties to file written submissions as to costs in

the courts below. The parties have now filed

written submissions and the Court makes the

following orders.

Set aside pars 3(b) and 4 of the order of

the Court of Appeal of the Supreme Court of
the Northern Territory and in lieu thereof
order that:

(i)   the respondent (in this Court) pay the

appellant's costs of the oral application

before Kearney J.; and

(ii)    the respondent (in this Court) pay the

appellant's costs of the appeal to the

Court of Appeal.

In addition, I should say that I have, pursuant to

Order 44 rule 23, directed the Registrar to draw

up, sign and seal an order in accordance with the

terms of a consent order dated 5 August 1993,

signed by the solicitors for the parties.

AT 9.35 AM THE MATTER WAS ADJOURNED SINE DIE

Gaye(S) 17/8/93