Martin & Ors v Cwealth Bank of Aus

[1995] HCATrans 308

IN THE HIGH COURT OF AUSTRALIA

Registry  No C12 of 1994

B e t w e e n -

ANTHONY GILBERT MARTIN & SUE DOLORES MARTIN & INDIVIDUAL HOMES PTY LIMITED

Applicants

and

COMMONWEALTH BANK OF AUSTRALIA

Respondent

Registry  No C13 of 1994

B e t w e e n -

ANTHONY GILBERT MARTIN & SUE DOLORES MARTIN & SAROJINI NATASHA VICTORIA MARTIN & RAJAN GILBERT PETER MARTIN & INDIVIDUAL HOMES PTY LIMITED

Applicants

and

COMMONWEALTH BANK OF AUSTRALIA

Respondent

Costs order

DEANE J
TOOHEY J

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON MONDAY, 23 OCTOBER 1995, AT 2.18 PM

Copyright in the High Court of Australia

____________________

TOOHEY J:   The applications for special leave to appeal in these two matters were refused on 15 February 1995 by Chief Justice Mason, Justice Deane and myself.  The respondent subsequently applied for an order for costs.  Justice Deane and I consider that the respondent is entitled to an order for the costs of the applications for special leave to appeal.  I publish the grounds for our decision.

The order of the Court is that the applicants pay the respondent’s costs of the application for special leave to appeal.

AT 2.19 PM THE MATTER WAS CONCLUDED