Waterways Authority v Fitzgibbon & Ors

[2005] HCATrans 612

[2005] HCATrans 612

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S2 of 2004

B e t w e e n -

THE WATERWAYS AUTHORITY

Applicant

and

DANIEL GERARD FITZGIBBON

First Respondent

MIDDLE HARBOUR YACHT CLUB

Second Respondent

MOSMAN MUNICIPAL COUNCIL

Third Respondent

Office of the Registry
  Sydney  No S98 of 2005

B e t w e e n -

MOSMAN MUNICIPAL COUNCIL

Applicant

and

DANIEL GERARD FITZGIBBON

First Respondent

THE WATERWAYS AUTHORITY

Second Respondent

MIDDLE HARBOUR YACHT CLUB

Third Respondent

Office of the Registry
  Sydney  No S131 of 2005

B e t w e e n -

MIDDLE HARBOUR YACHT CLUB

Applicant

and

DANIEL GERARD FITZGIBBON

First Respondent

THE WATERWAYS AUTHORITY

Second Respondent

MOSMAN MUNICIPAL COUNCIL

Third Respondent

For mention

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 18 AUGUST 2005, AT 9.31 AM

Copyright in the High Court of Australia

__________________

HIS HONOUR:   The purpose of arranging this mention was that I want to inquire of the parties whether they would be agreeable to Justices Gummow and Kirby participating in the decision in this matter on the basis of a reading of the papers and transcript of oral argument.

MR J.S. WHYTE:   I appear for the Waterways Authority.  The Waterways Authority is agreeable to that course.  (instructed by McCabe Terrill)

HIS HONOUR:   Thank you.

MR R.J. CHENEY:   Your Honour, I appear for the Middle Harbour Yacht Club.  The Club is agreeable to that course.  (instructed by Riley Gray-Spencer)

HIS HONOUR:   Thank you.

MR M.E. DOWN:   I appear for the Mosman Municipal Council.  My client is agreeable to that as well.  (instructed by Phillips Fox)

HIS HONOUR:   Thank you.

MR E.G. ROMANIUK:   I appear on behalf of Mr Fitzgibbon.  Our client is agreeable to that course.  (instructed by Paul A. Curtis & Co)

HIS HONOUR:   Thank you.  Those are the only demands I will make on your advocacy this morning.

MR CHENEY:   Your Honour, could I just raise this.  In the event that on a reading of the transcript and the argument and the appeal book there is any issue upon which further submissions are required, can the parties offer to provide short written submissions?

HIS HONOUR:   Yes, certainly.  We would certainly let you know in that event.

MR CHENEY:   Thank you, your Honour.

HIS HONOUR:   You will understand that a decision in this matter is going to have to be given before the beginning of November anyway, for obvious reasons.  The Court will adjourn.

AT 9.33 AM THE MATTER WAS CONCLUDED