Public Transport Corporation v Waters

Case [1990] HCATrans 133


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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M3 of 1990

B e t w e e n -

PUBLIC TRANSPORT CORPORATION

Applicant

and

P. WALTERS, J. HARROWELL,

J. ASINAKIPOULOS, M. COOPER,

K. BALL, M. STEWART, D. BLYTH,

R. BERGER and E. MEEHAN

Respondents

For mention

DEANE J
GAUDRON J

McHUGH J

Public

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 8 JUNE 1990, AT 9.40 AM

Copyright in the High Court of Australia

MlT2/l/PLC 1 8/6/90

MR F. COSTIGAN, ~C: If the Court pleases, I appear with my

learne friend, MR R. TRACEY, for the Public

Transport Corporation, the applicant. (instructed

by G. Sharman, Solicitor to the Met,

Public Transport Corporation)

MR A.M. NORTH, QC: If the Court pleases, I appear in this

matter for the respondents with my learned friend,

MR H. BORENSTEIN. (instructed by Slater & Gordon)

DEANE J: Yes, Mr Costigan?

MR COSTIGAN:  The application, if the Court pleases, here

for an adjournment of the application for special
leave, by consent, with an order that the respondents'

costs be costs in the cause.

DEANE J: Adjourned to, what, just generally, Mr Costigan?

MR COSTIGAN:  To the next special leave day.
DEANE J: Well, if I just adjourn it, it will no doubt go in there - - -
MR COSTIGAN:  Yes. Well, that would be satisfactory, Your Honour.
DEANE J:  And it was reserve the respondents' costs of the day?
MR COSTIGAN:  The respondents' costs to be costs in the cause.
DEANE J:  Very well. We order the application for special leave
stand over generally and reserve the respondents'
costs of the day.
MR COSTIGAN:  If the Court pleases, be costs in the cause, not

reserved.

DEANE J:  I am sorry. And order that the respondents' costs of
the day be costs in the cause.

MR COSTIGAN: If the Court pleases.

AT 9.41 AM THE MATTER WAS ADJOURNED SINE DIE
MlT2/2/PLC 2 8/6/90
Public
Details
AGLC
Public Transport Corporation v Waters [1990] HCATrans 133
Case
[1990] HCATrans 133
Decision Date

CaseChat Overview and Summary

The Public Transport Corporation sought special leave to appeal to the High Court of Australia against a decision concerning respondents P. Walters, J. Harrowell, J. Asinakipoulos, M. Cooper, K. Ball, M. Stewart, D. Blyth, R. Berger, and E. Meehan. The specific nature of the dispute that led to the application for special leave is not detailed in the provided transcript.

The primary legal issue before the High Court was whether to grant the Public Transport Corporation's application for an adjournment of its application for special leave to appeal. The parties also sought to resolve the issue of costs associated with this adjournment.

The High Court, by consent of the parties, ordered that the application for special leave stand over generally. The Court further ordered that the respondents' costs of the day be costs in the cause, meaning these costs would be determined at a later stage of the proceedings. The matter was adjourned sine die.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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