Woodend Water Board & Anor v Hyan Enterprises Pty Ltd

The parties to this proceeding before the High Court of Australia were the Woodend Water Board and Maddock (appellants) and Hyan Enterprises Pty Ltd (respondent). The matter concerned an appeal, and the respondent indicated it would abide by any orders the Court made, including an order that each party bear its own costs.

The primary legal issue before the Court was the determination of the appeal itself, with the respondent not appearing to contest it. A secondary issue related to the costs of the appeal, with the respondent having indicated a willingness to agree to an order that each party bear its own costs.

The Court was informed by counsel for the appellants that the respondent's solicitors had written to the Deputy Registrar confirming their client would abide by the Court's orders and that certain factual assertions in an affidavit sworn by Mark Stephen Henry were accurate, with minor qualifications regarding the execution of a Deed of Undertaking and the formal confirmation of a distribution agreement. The appellants sought the relief set out in the appeal book, with a variation to the proposed costs order.