Hospital Products Limited v United States Surgical Corporation

[1993] HCATrans 286

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IN THE HIGH COURT OF AUSTRALIA	•
Office of the Registry

Sydney No S81 of 1983

B e t w e e n -

HOSPITAL PRODUCTS LIMITED

Applicant

and

UNITED STATES SURGICAL

CORPORATION

First Respondent

SURGEONS CHOICE INCORPORATED

Second Respondent

BALLABIL HOLDINGS PTY LIMITED

Third Respondent

ALAN RICHARD BLACKMAN

Fourth Respondent

I.R.D. ENGINEERING SERVICES PTY

LIMITED

Fifth Respondent

For directions

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 1 OCTOBER 1993, AT 9.30 AM

Copyright in the High Court of Australia

Hospital(3)	1	1/10/93
MR S.J. GALLANT:	Good morning, Your Honour,	I appear on

behalf of the first respondent, with Your Honour's

leave. (of A.G. Robinson Creals)

HER HONOUR:  You do not need leave.

MR GALLANT: It is always polite to ask, I feel,

Your Honour.

HER HONOUR:	Thank you.
MR s. GOODMAN:	Your Honour, I appear on behalf of the

opponent, Hospital Products Limited. (of Baker &

McKenzie) I was to have counsel here this morning

but I think I will be doing it myself.

HER HONOUR: Well now, it is only in the list today to see

what course the matter should take, really.

MR GOODMAN: That is right, Your Honour.

MR GALLANT:  It is, Your Honour and, indeed, we have agreed,

so that we will be able to give Your Honour some

directions in the matter which - I think my friend

has not actually as signed his yet because he has

been waiting for his counsel.

HER HONOUR:  I think he may find his counsel has now

appeared.

MR McCLINTOCK:	I apologize for being late, Your Honour.
HER HONOUR:	No, Mr Mcclintock, that is no difficulty, but

do you know about these draft directions?

MR McCLINTOCK: Yes, I do, Your Honour, and I am instructed

to consent to them. Perhaps the easiest way of

doing so would be to sign the copy I have now, and

hand them up to Your Honour.

HER HONOUR:  There is no great urgency on my part so perhaps

you would like to read them first, before you sign

them?

MR McCLINTOCK:  No, Your Honour, I saw a draft of them last

night. Your Honour will see that there is a gap to

be filled in on order 4 which is a further mention

date for the matter.

HER HONOUR: Very well. Thank you. Well, it will have to

be after 26 November, will it?

MR McCLINTOCK: That does not cause us a difficulty,

Your Honour.

MR GALLANT:  I think it would be advisable, Your Honour.

All of the affidavits and evidence should be in on

Hospital(3) 1/10/93

the matter by then. It would seem a little futile
to have a mention date before then, I would have

thought, Your Honour.

HER HONOUR:	Would 3 December at 9.30 am be suitable?
MR GALLANT:	Yes, that would be suitable, Your Honour.
HER HONOUR:	It would only be for further mention at that

stage.

MR GALLANT:  Yes, Your Honour.

MR McCLINTOCK: That is suitable, Your Honour.

HER HONOUR:  Thank you very much. I will note that to

3 December 1993 at 9.30 am, and I will adjourn it

accordingly.

MR GALLANT:	Thank you, Your Honour.
MR McCLINTOCK:	Thank you, Your Honour.

HER HONOUR:  The Court ·.11 now adjourn.

AT 9.33 AM THE MATTER WAS ADJOURNED

UNTIL FRIDAY, 3 DECEMBER 1993

Hospital(3) 3 1/10/93