Lloyd & Anor v Ohlstein & Ors

[2007] HCATrans 621

[2007] HCATrans 621

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S309 of 2007

B e t w e e n –

ELIZABETH LLOYD AND TIMOTHY LLOYD TRADING AS OTFORD FARM TRAIL RIDES

Appellants

and

TALI OHLSTEIN BY HER TUTOR ADAM OHLSTEIN

First Respondent

JARED OHLSTEIN BY HIS TUTOR ADAM OHLSTEIN

Second Respondent

VANESSA DUNCAN

Third Respondent

ADAM OHLSTEIN

Fourth Respondent

Pronouncement of orders by consent

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON TUESDAY, 23 OCTOBER 2007, AT 2.22 PM

Copyright in the High Court of Australia

__________________

GLEESON CJ:   In this matter the parties have agreed to the making of an order by consent in the following terms:

1.        Appeal allowed.

2.        Orders and findings pronounced by the Supreme Court of New South Wales Court of Appeal on 15 December 2006 be set aside, the orders in favour of the appellants and third respondent in her capacity as cross‑defendant, namely that there be judgment for the defendants in the action and judgment for the cross‑defendant on the cross‑claim given at first instance be reinstated.

3.        The appellants to contribute the sum of $100,000 towards the respondent’s costs of the trial in the Court of Appeal and in the Court, otherwise no order as to costs.

4. That the moneys payable on account of costs pursuant to the proposed settlement be paid into the Supreme Court of New South Wales pursuant to section 77(2) of the Civil Procedure Act 2005 and thereafter be paid to the respondent’s solicitor pursuant to section 74(4) of the said Act.

I publish that order.

AT 2.24 PM THE MATTER WAS CONCLUDED