Hamersley Iron Pty Ltd v Speno Rail Maintenance Australia Pty Ltd & Ors

[2009] HCATrans 311

[2009] HCATrans 311

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P29 of 2009

B e t w e e n -

HAMERSLEY IRON PTY LTD

Appellant

and

SPENO RAIL MAINTENANCE AUSTRALIA PTY LTD

First Respondent

ZURICH AUSTRALIAN INSURANCE LTD

Second Respondent

METALS & MINERALS INSURANCE PTE LTD

Third Respondent

Office of the Registry
  Perth  No P30 of 2009

B e t w e e n -

METALS & MINERALS INSURANCE PTE LTD

Appellant

and

SPENO RAIL MAINTENANCE AUSTRALIA PTY LTD

First Respondent

ZURICH AUSTRALIAN INSURANCE LTD

Second Respondent

HAMERSLEY IRON PTY LTD

Third Respondent

Pronouncement of Orders

FRENCH CJ
GUMMOW J
HAYNE J
HEYDON J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 DECEMBER 2009, AT 10.20 AM

Copyright in the High Court of Australia

FRENCH CJ:   These appeals from the Court of Appeal of the Supreme Court of Western Australia were listed for hearing together with Zurich Australian Insurance Limited and Metals and Minerals Insurance Proprietary Limited and Ors, No P33 of 2009.  In written submissions and during argument the appellants accepted that if the latter appeal were to be dismissed then these appeals would not need to be resolved.  The appeal in P33 of 2009 having been dismissed it follows that these appeals should also be dismissed with costs.

The orders of the Court are: 

1.        In matter No P29 of 2009 appeal dismissed with costs. 

2.        In matter No P30 of 2009 appeal dismissed with costs. 

I publish those orders.

AT 10.20 AM THE MATTER WAS ADJOURNED