Kendirjian v Lepore & Anor

[2016] HCATrans 266

[2016] HCATrans 266

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S170 of 2016

B e t w e e n -

DAVID KENDIRJIAN

Appellant

and

EUGENE LEPORE

First Respondent

JIM CONOMOS

Second Respondent

KIEFEL J
BELL J
GAGELER J
KEANE J
NETTLE J
GORDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 11 NOVEMBER 2016, AT 10.00 AM

Copyright in the High Court of Australia

KIEFEL J:   The appellant and the first respondent in this proceeding filed a consent on 29 August 2016.  The Court makes the following orders by consent:

1.Appeal allowed from the Supreme Court of New South Wales, Court of Appeal’s decision in relation to the first respondent.

2.Set aside the orders of the Supreme Court of New South Wales, Court of Appeal made on 21 May 2015 and 1 June 2015 insofar as they apply to the first respondent.

3.In lieu thereof, order that the appeal against the first respondent to the Supreme Court of New South Wales, Court of Appeal be allowed and the orders made by District Court Judge Taylor SC on 16 May 2014 insofar as they relate to the first respondent be set aside and in lieu thereof order that the Notice of Motion filed by the first respondent on 29 July 2013 in the District Court of New South Wales be dismissed.

4.The first respondent pay the appellant’s costs of and incidental to the first respondent’s Notice of Motion filed in the District Court of New South Wales on 29 July 2013.

5.The first respondent pay the appellant’s costs of and incidental to the application for leave to appeal and the appeal to the Supreme Court of New South Wales Court of Appeal below against the judgment and orders made by District Court Judge Taylor SC in favour of the first respondent.

6.The first respondent pay the appellant’s costs of and incidental to the application for special leave to appeal and the appeal to the High Court of Australia against the judgment and orders made by the Supreme Court of New South Wales, Court of Appeal on 21 May 2015 and 1 June 2015 in favour of the first respondent.

7.Insofar as the appellant and first respondent are concerned, remit the matter to the District Court of New South Wales.

AT 10.02 AM THE MATTER WAS ADJOURNED