Nolan v Nolan & Ors

[2004] HCATrans 325

[2004] HCATrans 325

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M134 of 2004

B e t w e e n -

MOSCA GAI JINX MARGARET ELLERY NOLAN

Applicant

and

LADY MARY NOLAN, SOTHEBY’S AUSTRALIA PTY LTD (ACN 004 742 509), LAURAINE DIGGINS, LAURAINE‑DIGGINS FINE ARTS PTY LTD (ACN 006 457 101) AND EVA BREUER

Respondents

Pronouncement of orders

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 27 AUGUST 2004, AT 9.31 AM

Copyright in the High Court of Australia

HIS HONOUR:   The first‑named respondent seeks expedition of the application for special leave to appeal from orders made by the Court of Appeal of Victoria on 10 June 2004.  Neither the applicant nor any of the other respondents to the application for special leave to appeal sought to make any submission in opposition to the application for expedition.  Having regard to the various considerations advanced in support of the application for expedition, which include, but are not limited to, the first respondent’s state of health and the consequences to her of continuing to stand out of the proceeds of sale of the paintings which are the subject of the proceedings giving rise to the application for special leave, this is a case proper for an order for expedition. 

Accordingly, there will be orders that the hearing of the application for special leave filed on 8 July 2004 be expedited.  The costs of the application for expedition are to be costs in the special leave application. 

AT 9.32 AM THE MATTER WAS CONCLUDED