R.W. Miller & Co Pty Limited v The Shortland County Council

[1988] HCATrans 87

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney Nos S23 and S24 of 1988

Between-

R.W. MILLER & CO PTY LIMITED

Applicant

and

TI!E S~ORTLAf..1) COUNT~ COUNCIL

Respondent

Application for an injunction

DEANE J

( In	Chambers)
Miller(3)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 6 MAY 1988, AT 12.38 PM

Copyright in the High Court of Australia

C3Tl/l/JM 1 6/5/88

MRB.W. RAYMENT, QC appeared with MR R.J.H. DARKE for the

applicant. (instructed by Ebsworth & Ebsworth)

MRJ.D REYDON, QC appeared with MR,C.P. COMANS for the

respondent. (instructed by Blake Dawson Waldron)

HIS HONOUR:  Yes, Mr Reydon.

MR REYDON:  Peace has broken out for a short time. Mr Rayment

has the instructions. Does Your Honour have a copy

of the injunction that I handed up to the Full Court?

HIS HONOUR:	No, I left it - - -
MR REYDON:	Could I hand then to the Court a copy of the typed

injunction and a handwritten copy of the note we

would like the Court to make, and the position is that

I think Mr Rayment is prepared to give the usual

undertaking as to damages in relation to that-

injunction. Can I just suggest one amendment to

the injunction, and that is the insertion after the

word "order" the words "until further order".

HIS HONOUR:	"An order until further order"?
MR REYDON:	Yes, Your Honour.

HIS HONOUR:  Yes. Now, you are content with this now,

Mr Rayment, are you?

MR RAYMENT:	Yes, thank you, Your Honour.
HIS HONOUR:	I have written in my book "in chambers", just to

avoid a dispute arising from the various states of

dress and undress.

MR RAYMENT:  Has Your Honour amended the handwritten form?

I think that the words to the effect that we give

the usual undertaking as to damages do not appear on

that piece of paper.

HIS HONOUR: Yes.
MR RAYMENT:	So if Your Honour would be kind enough to note

that we give the usual undertaking as to damages and

agree upon the matter set forth in the note.

HIS HONOUR:	Very well, yes.
MR REYDON:	Yes, we agree with what Your Honour has just said- - -

HIS HONOUR: It is R.W. Miller Limited, is it not?

MR RAYMENT:  Pty Limited, Your Honour. R.W. Miller & Co Pty

Limited.

C3Tl/2/RB	2	6/5/88
Miller(3)

HIS HONOUR:  I note that R.W. Miller & Co Pty Limited gives

the usual undertaking as to damages. I note the

agreement between the parties set out in the

document initialled by me and placed with the papers

and I make the order in terms of the form of

injunction initialled by me and placed with the

papers.

Does that cover everything?

MR RAYMENT: It does, Your Honour.

MR REYDON:  Yes, Your Honour.

AT 12.43 PM THE M!ATTER WAS ADJOURNED SINE DIE

C3T2/l/RB	3	6/5/88
Miller(3)