James Hardie & Co v Seltsam Pty Ltd

[1998] HCATrans 467

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S64 of 1998

B e t w e e n -

JAMES HARDIE & COY PTY LIMITED

Appellant

and

SELTSAM PTY LIMITED

Respondent

For Judgment

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 21 DECEMBER 1998, AT 9.31 AM

Copyright in the High Court of Australia

(Reasons for judgment were delivered)

GUMMOW J:   Accordingly, the order of the Court is:

1.        Appeal dismissed.

2.The respondent has liberty to file, within seven days of the date of this order, written submissions on the making of orders for costs of the appeal to this Court.

3.The appellant has liberty to file, within seven days of the date of the filing of the submissions referred to in paragraph 2 of this order, written submissions in reply on the making of orders for costs of the appeal to this Court.

I publish the Court’s order.

In the light of an application made by the parties by consent for variation of orders 2 and 3 just pronounced, they will be varied so as to provide for the respondent to have liberty to file and serve submissions on the question of costs within 42 days and the appellant to have leave to file and serve submissions on the question of costs within 28 days thereafter.

The orders just pronounced are varied accordingly.

The Court will now adjourn to Monday, 1 February 1999, at 3.15 pm.

AT 9.34 AM THE MATTER WAS CONCLUDED