Lehman Brothers Holdings Inc v City of Swan & Ors [2010] HCATrans 88

[2010] HCATrans 88

[[2010] HCATrans 088

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

Publication of Reasons

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.  On 30 March 2010 the Court pronounced orders dismissing the appeals.  I now publish the joint reasons of Justices Gummow, Hayne, Kiefel and myself.

HEYDON J:   I supported the dismissal of the appeals, but I disagree with the costs order.  I publish my reasons.

AT 10.20 AM THE MATTER WAS CONCLUDED