Lehman Brothers Holdings Inc v City of Swan & Ors

[2010] HCATrans 82

[2010] HCATrans 082

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S1 of 2010

B e t w e e n -

LEHMAN BROTHERS HOLDINGS INC

Appellant

and

CITY OF SWAN

First Respondent

PARKES SHIRE COUNCIL

Second Respondent

WINGECARRIBEE SHIRE COUNCIL

Third Respondent

LEHMAN BROTHERS AUSTRALIA LIMITED (SUBJECT TO A DEED OF COMPANY ARRANGEMENT)

Fourth Respondent

NEIL SINGLETON

Fifth Respondent

STEPHEN PARBERY

Sixth Respondent

LEHMAN BROTHERS ASIA HOLDINGS LIMITED (IN LIQUIDATION)

Seventh Respondent

Office of the Registry
  Sydney  No S362 of 2009

B e t w e e n -

LEHMAN BROTHERS ASIA HOLDINGS LIMITED (IN LIQUIDATION)

Appellant

and

CITY OF SWAN

First Respondent

PARKES SHIRE COUNCIL

Second Respondent

WINGECARRIBEE SHIRE COUNCIL

Third Respondent

LEHMAN BROTHERS AUSTRALIA LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT)

Fourth Respondent

NEIL SINGLETON

Fifth Respondent

STEPHEN PARBERY

Sixth Respondent

LEHMAN BROTHERS HOLDINGS INC

Seventh Respondent

FRENCH CJ
GUMMOW J
HAYNE J
HEYDON J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 30 MARCH 2010, AT 10.18 AM

Copyright in the High Court of Australia

__________________

FRENCH CJ:   These appeals from the Full Court of the Federal Court of Australia were heard on 9 and 10 February 2010 by a Court constituted by Justices Gummow, Hayne, Heydon, Kiefel and myself.  The Court would dismiss the appeals.  The orders of the Court are:

In matter No S1 of 2010:

1.Appeal dismissed.

2.The appellant pay the costs of the first, second and third respondents.

In matter No S362 of 2009:

1.Appeal dismissed.

2.The appellant pay the costs of the first, second and third respondents.

I publish those orders.  The reasons for the Court’s orders will be delivered at a later date.

AT 10.19 AM THE MATTER WAS CONCLUDED