McCloy and Ors v State of New South Wales and Anor

[2014] HCATrans 225

[2014] HCATrans 225

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S211 of 2014

B e t w e e n -

JEFFREY RAYMOND McCLOY

First Plaintiff

McCLOY ADMINISTRATION PTY LIMITED

Second Plaintiff

NORTH LAKES PTY LIMITED

Third Plaintiff

and

STATE OF NEW SOUTH WALES

First Defendant

INDEPENDENT COMMISSION AGAINST CORRUPTION

Second Defendant

GAGELER J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 13 OCTOBER 2014, AT 9.01 AM

Copyright in the High Court of Australia

____________________

MR I.D. FAULKNER, SC:   May it please your Honour, I appear with my learned friend, MR A.K. FLECKNOE‑BROWN, for the plaintiffs.  (instructed by Toomey Pegg Lawyers)

MR M.G. SEXTON, SC, Solicitor‑General for the State of New South Wales:   If the Court pleases, I appear for the first defendant.  (instructed by Crown Solicitor (NSW))

HIS HONOUR:   Thank you, Mr Solicitor.

MR FAULKNER:   Perhaps your Honour has seen the submissions that were sent through ‑ ‑ ‑

HIS HONOUR:   Yes.

MR FAULKNER:   ‑ ‑ ‑ and we are, as it says, progressing the matter, we think, satisfactorily, but we need about four weeks we think when we would be able to – we expect to be able to come back then with a final document.

HIS HONOUR:   Yes.  Well, I am, of course, prepared to give you those four weeks.  17 November would be a convenient date for me to consider the matter again in Sydney.  If I were to give you until 10 November to file a draft of any agreed special case, would that be suitable?

MR FAULKNER:   Yes, from our point of view it would be, and I think from our discussions it would suit both parties, yes, your Honour.

HIS HONOUR:   Very well.  The directions that I will make are as follows:

1.The plaintiffs file a draft of any agreed special case on or before 10 November 2014.

2.The matter be relisted for directions before me at 9.30 am on 17 November 2014 in Sydney.

3.The costs of this directions hearing be costs in the cause.

MR FAULKNER:   Yes, if it please, your Honour, thank you.

HIS HONOUR:   Thank you.

AT 9.03 AM THE MATTER WAS ADJOURNED