Yara Australia Pty Ltd ACN 076 301 221 v Oswal & Ors

[2016] HCATrans 282

[2016] HCATrans 282

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P45 of 2013

B e t w e e n -

YARA AUSTRALIA PTY LTD ACN 076 301 221

Applicant

and

RADHIKA OSWAL

First Respondent

PANKAJ OSWAL

Second Respondent

YARA PILBARA HOLDINGS PTY LTD ACN 097 138 353 (FORMERLY BURRUP HOLDINGS LIMITED ACN 097 138 353

Third Respondent

TOR HOLBA AND VINOJIT AMBALAVANER

Fourth Respondents

YARA PILBARA FERTILISERS PTY LTD ACN 095 441 151 (FORMERLY BURRUP FERTILISERS PTY LTD ACN 095 441 151 (RECEIVERS AND MANAGERS APPOINTED

Fifth Respondent

RAMESH SODUM

Sixth Respondent

IAN CARSON, DAVID MCEVOY AND SIMON THEOBALD

Seventh Respondents

FRENCH CJ
KIEFEL J
GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 18 NOVEMBER 2016, AT 9.36 AM

Copyright in the High Court of Australia

____________________

FRENCH CJ:   This application for special leave to appeal was heard in Canberra and by video link to Perth on 14 March 2014 by a Court constituted by Justices Hayne, Bell and Gageler.  At the conclusion of the hearing the Court ordered that the application be dismissed with costs.  The applicant and the first, fifth and seventh respondents have now consented to a variation of the Court’s order regarding the costs of the application.  The order of the Court by consent is:  vary the order of the Court made on 14 March 2014 such that it reads “Special leave is refused with no order as to costs”.  I publish that order.

AT 9.37 AM THE MATTER WAS CONCLUDED