Golden Eagle International Trading Pty Ltd & Anor v Zhang & Ors

[2007] HCATrans 389

[2007] HCATrans 389

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S355 of 2006

B e t w e e n -

GOLDEN EAGLE INTERNATIONAL TRADING PTY LTD

First Appellant

CHEN GUANG

Second Appellant

and

YU ZHANG BY HIS TUTOR THE PROTECTIVE COMMISSIONER

First Respondent

RUI MANUEL SOUSA MENONGA AND JOSE ALCIVO DE FREITAS T/AS D M P AUTOMOTIVE REPAIRS

Second Appellant

GUMMOW J
KIRBY J
HAYNE J
CALLINAN J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 AUGUST 2007, AT 10.09 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   On 19 April 2007 the Court comprising Justices Kirby, Hayne, Callinan, Crennan and myself delivered judgment in this appeal and pronounced orders.  The parties have now agreed upon consequential orders.  By consent the order of the Court now is:

1.Appeal allowed.

2.Set aside the orders of the New South Wales Court of Appeal made on 22 February 2006 save as to costs.

3.The appellants pay the costs of the first respondent in this Court.

4.Set aside the assessment of damages in the District Court of New South Wales made on 17 December 2004 with judgment entered for the first respondent against the first and second appellants in the sum of $1, 790,905 in lieu of the amount assessed by the trial judge of $1,768,362.

I publish that order.

AT 10.03 THE MATTER WAS ADJOURNED