Ruthenberg v Lewis

[2004] HCATrans 439

[2004] HCATrans 439

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B41 of 2004

B e t w e e n -

PETER RUTHENBERG

Appellant

and

ROSMOND ANN LEWIS AND AMY BOND

First Respondents

CYNTHIA JUNE LOHSE

Second Respondent

VIOLET GUSE

Third Respondent

GLEESON CJ
GUMMOW J
KIRBY J
HAYNE J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 9 NOVEMBER 2004, AT 10.17 AM

Copyright in the High Court of Australia

__________________

MR R.L. CROWE, SC:   May it please your Honours, I appear with my learned friend, MRS H.L. DONOHOE, for the appellant.  (instructed by CC Law)

MR D.G. MULLINS, SC:   May it please your Honours, I appear with my learned friend, MR R.T. WHITEFORD, for the first respondents.  (instructed by Nicol Robinson Halletts)

GLEESON CJ:   There is a certificate from the Deputy Registrar saying that she has been informed by the solicitors for the second respondent that the second respondent will abide by the order of the Court save as to costs and saying that she has been informed by the third respondent that she will abide by the decision of the Court.  Yes, Mr Crowe.

MR CROWE:   Your Honours, the parties last night have reached an agreement.  That agreement is subject to the Court making orders disposing of the appeal.  Could I hand up a short minute of the orders that the parties ask the Court to make.

GLEESON CJ:   We will adjourn for a short period of time to consider the course we will take.

AT 10.19 AM SHORT ADJOURNMENT

UPON RESUMING AT 10.24 AM:

GLEESON CJ:   The Court will make orders in terms of the short minutes of order handed up, initialled by me, dated today’s date and placed with the papers.

MR CROWE:   May it please the Court.

KIRBY J:   When was this matter settled?

MR CROWE:   Rather late last night, your Honour.

GLEESON CJ:   We will adjourn until 10.15 tomorrow morning.

AT 10.25 AM THE MATTER WAS ADJOURNED