Travel Compensation Fund v Robert Tambree trading as R Tambree and Associates & Ors

[2005] HCATrans 53

[2005] HCATrans 053

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S102 of 2004

B e t w e e n -

TRAVEL COMPENSATION FUND

Appellant

and

ROBERT TAMBREE T/AS R TAMBREE AND ASSOCIATES

First Respondent

PHILLIP ROSEBY T/AS P.J. ROSEBY & CO

Second Respondent

RENEE JULIE FRY

Third Respondent

TREVOR FRY

Fourth Respondent

ROBYN JOAN FRY

Fifth Respondent

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 16 FEBRUARY 2005, AT 9.16 AM

Copyright in the High Court of Australia

__________________

MR J.E. MARSHALL, SC:   If the Court pleases, I appear with MR N.F. FRANCEY for the appellant.  (instructed by McCabe Terrill)

MR P.B. WALSH:   If your Honour pleases, I appear for the first respondent.  (instructed by Burston Cole & Co)

MR N.C.T. BILINSKY:   May it please the Court, I appear for the second respondent.  (instructed by Phillips Fox) 

HIS HONOUR:   This notice of appeal – I think the Registry yesterday drew attention to the fact that the third, fourth and fifth respondents ‑ ‑ ‑

MR FRANCEY:   Yes, they have, and we have a further amended one which adds those parties formally onto the record. 

HIS HONOUR:   Cross out the word “draft”? 

MR FRANCEY:    No, it does not cross out the word “draft”.  May it be sufficient if it is done manually? 

HIS HONOUR:   I think it might be better if you actually filed in the Registry today a typed one with the word “amended” crossed out.  Mr Walsh, do you have any problem the notice of appeal ‑ ‑ ‑

MR WALSH:   No, I do not, your Honour. 

HIS HONOUR:    ‑ ‑ ‑ apart from the fact it exists?  Are you happy with it? 

MR WALSH:   Yes. 

HIS HONOUR:   Very well.  I think, then, if you just file it, that will be in order.  Anything else need to be done?  The Deputy Registrar has certified that the solicitor for the applicant has sworn an affidavit of 2 February 2005 deposing that the third, fourth and fifth respondents have been served with the special leave documents at their last known address.  Despite that, no appearance has been filed on behalf of the third, fourth and fifth respondents. 

The Court will adjourn. 

AT 9.18 AM THE MATTER WAS CONCLUDED