Melhem & Anor v Harrison

[2008] HCATrans 388

[2008] HCATrans 388

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S308 of 2008

B e t w e e n -

JIMMY PAUL MELHEM

First Applicant

MELHEM CIVIL PTY LIMITED

Second Applicant

and

SCOTT BEAU HARRISON

Respondent

Application for special leave to appeal

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 14 NOVEMBER 2008, AT 11.50 AM

Copyright in the High Court of Australia

MR B.W. WALKER, SC:   May it please the Court, I appear with my learned friend, MR M.T. McCULLOCH, SC for the applicant.  (instructed by HWL Ebsworth Lawyers)

MR C.T. BARRY, QC:   I appear for the respondent with my learned friend, MR M.B. BOULTON.  (instructed by Robert J. Kirby)

GUMMOW J:   Yes, Mr Walker.

MR WALKER:   Your Honour, it is our submission that you should dismiss this application with costs.  We make that submission because the Lieutenant-Governor has proclaimed to commence the Civil Liability Legislation Amendment Act 2008, the effect of which is to produce legislatively the result for which we contended in the Court of Appeal.

GUMMOW J:   Very well.  By consent, the application is dismissed with costs.

AT 11.50 AM THE MATTER WAS CONCLUDED