Reid v Howard

[1995] HCATrans 363

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S65 of 1994

B e t w e e n -

HUGH NAIRN REID

Appellant

and

STANLEY JOSEPH HOWARD & CAROLINE JANE HOWARD AS EXECUTORS OF THE ESTATE OF THE LATE JOCELYN JEAN RITCHIE

First Respondents

CAROLINE JANE HOWARD

Second Respondent

CRANWELL PTY LIMITED

Third Respondent

J.W. INVESTMENTS PTY LIMITED

Fourth Respondent

SUE TURNBULL & JESSIE EILEEN TURNBULL

Fifth Respondents

Costs order

DEANE ACJ
TOOHEY J
GAUDRON J
McHUGH J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 DECEMBER 1995, AT 10.18 AM

Copyright in the High Court of Australia

______________________

TOOHEY J:   The Court handed down judgment in this matter in Canberra on 24 October 1995.  The question of costs in this Court and of the proceedings in the courts below was stood over to enable the parties to file written submissions.  The parties have since filed written submissions and these have been considered by the Court which now makes the following order: 

Set aside the orders as to costs in matter No 1885 of 1993 and matter No 1923 of 1993 made by Mr Justice Powell on 6 April 1993 and, in lieu thereof, order that each party pay their own costs of the proceedings in the Equity Division of the Supreme Court of New South Wales in so far as they relate to the question of self-incrimination.

The respondents pay the costs of the appellant in the Court of Appeal.

Remit the matter to the Court of Appeal to permit the respondents to apply for a certificate under the Suitors’ Fund Act 1951 of New South Wales.

No order as to the costs of proceedings in this Court.

AT 10.20 AM THE MATTER WAS CONCLUDED