Melway Publishing Pty Ltd v Robert Hicks Pty Ltd

[2001] HCATrans 466

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M1 of 2000

B e t w e e n -

MELWAY PUBLISHING PTY LTD

Appellant

and

ROBERT HICKS PTY LTD (Trading as AUTO FASHIONS AUSTRALIA)

Respondent

Variation of Order

GLEESON CJ
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 21 NOVEMBER 2001, AT 10.17 AM

Copyright in the High Court of Australia

GLEESON CJ:   This appeal was heard in Canberra on 2 and 3 August 2000 by a Court constituted by Justices Gummow, Kirby, Hayne, Callinan and myself.

At the commencement of the hearing, leaving was granted to the Australian Competition and Consumer Commission to intervene in the appeal.

Judgment was delivered in the appeal on 15 March 2001.

The appellant has since filed a consent, signed on behalf of the appellant, the respondent and the Australian Competition and Consumer Commission, to a variation of the orders pronounced by the Court to add the following order:

“The Australian Competition and Consumer Commission pay to the Appellant and the Respondent a proportion of the costs incurred by each of them to be agreed or if necessary to be taxed between party and party in relation to the proceedings in the High Court, the proportion to be determined by the Taxing Officer by reference to the time by which the Hearing of the matter before the High Court was extended by submissions made on behalf of the Australian Competition and Consumer Commission.”

The Court will make an order in those terms. 

I publish that order.

AT 10.19 AM THE MATTER WAS CONCLUDED