Toyota Motor Corporation Australia Limited (ACN 009 686 097) v Williams & Anor; Williams & Anor v Toyota Motor Corporation Australia Limited ACN (009 686 097)

[2023] HCATrans 162

[2023] HCATrans 162

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S37 of 2023

B e t w e e n -

TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED (ACN 009 686 097)

Applicant

and

KENNETH JOHN WILLIAMS

First Respondent

DIRECT CLAIM SERVICES QLD PTY LTD (ACN 167 519 968)

Second Respondent

Office of the Registry
  Sydney  No S38 of 2023

B e t w e e n -

KENNETH JOHN WILLIAMS

First Applicant

DIRECT CLAIM SERVICES QLD PTY LTD (ACN 167 519 968)

Second Applicant

and

TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED (ACN 009 686 097)

Respondent

Applications for special leave to appeal

GAGELER CJ
GORDON J
BEECH‑JONES J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 17 NOVEMBER 2023, AT 9.29 AM

Copyright in the High Court of Australia

____________________

MR B.W. WALKER, SC:   If it please the Court, I appear with my learned friend MS E. BATHURST for Toyota in both matters.  (instructed by Clayton Utz)

MR J.T. GLEESON, SC:   May it please the Court, I appear with MR S.J. FREE, SC, MR P.A. MEAGHER and MR P.J. STRICKLAND for Williams and Direct Claim Services in each matter.  (instructed by Gilbert + Tobin)

GAGELER CJ:   Mr Walker and Mr Gleeson, our inclination is to grant special leave to appeal in both of these matters.  In a more perfect world, you would have been notified of that inclination before now.  That is not said to stop you arguing to the contrary, if you so wish.  You may want to take a moment to consider your position.

If special leave to appeal is granted in the two matters, it would be desirable to make some procedural orders, which could be done today, which have the effect of

consolidating the submissions in the matters.  If they were to be formulated this morning, the orders could be made this morning.  Would you like to take a moment?

MR GLEESON:   We are content with that position, for our part, your Honour. 

MR WALKER:   Your Honour, the only qualification is one that really should not delay the Court.  That is, the attention we have drawn to the difference in quality for one of our friends’ grounds concerning differences concerning percentage assessments, but, with respect, that is not going to play a very large part in the questions of principle.  Otherwise, what your Honour has announced does not come as a complete surprise to us – we entirely agree.  My friend and I are happy to seek to devise as efficient a preparation for hearing as possible.

GAGELER CJ:   And that can be done this morning, Mr Walker?

MR WALKER:   Yes, and we think a hearing could finish within a day but might spill. 

GAGELER CJ:   Yes.  Very well.  There will be a grant of special leave to appeal in both of these matters, and we will expect to see you sometime later this morning. 

MR WALKER:   Please the Court.

AT 9.32 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 10.52 AM:

BEFORE CHIEF JUSTICE GAGELER

MR S.J. FREE, SC:   Your Honour, I appear with my learned friends MR P.A. MEAGHER and MR P.J. STRICKLAND for Williams and Direct Claim Services.  (instructed by Clayton Utz)

MS E. BATHURST:   May it please the Court, I appear for Toyota.  (instructed by Gilbert + Tobin)

MR FREE:   Your Honour has, I believe, a copy of the directions which have been put together with the cooperation of the Registry.

HIS HONOUR:   Yes.

MR FREE:   So, your Honour, I hope the intent is clear from the directions, that we effectively consolidate the appeals and will address them in our respective submissions in‑chief.  That is, we will go first and address all issues across the two notices.

HIS HONOUR:   Yes.  Is the estimated length of the hearings still one day?

MR FREE:   One day plus, we thought, your Honour.

HIS HONOUR:   What does that mean?  “Plus”?

MR FREE:   Well, if there was provision for an additional half a day, your Honour, then we thought that might be appropriate.

HIS HONOUR:   I see.

MR FREE:   We would obviously hope to finish it within a day, but I think there was some concern it might spill over.

HIS HONOUR:   Yes.  Thank you.  Ms Bathurst, do you have anything to add?

MS BATHURST:   I have nothing to add.

HIS HONOUR:   Thank you.  I am content to make directions in the form of the document with which I have been provided.  I will not read them out, I will simply initial that document and have it placed with the papers.

Thank you.  The Court will now adjourn.

AT 10.54 AM THE MATTER WAS CONCLUDED