Zheng v Cai

[2010] HCATrans 39

[2010] HCATrans 039

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S67 of 2009

B e t w e e n -

TIAN ZHEN ZHENG

Applicant

and

DEJU CAI

Respondent

Pronouncement of orders by consent

FRENCH CJ
GUMMOW J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 MARCH 2010, AT 10.21 AM

Copyright in the High Court of Australia

FRENCH CJ:   This application for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales was heard in Canberra on 6 November 2009 by a court constituted by Justices Gummow, Crennan, Kiefel, Bell and myself.  On 9 December 2009, the Court delivered judgment granting special leave to appeal and allowing the appeal.  On 16 February 2010, in accordance with the orders of the Court, the parties filed a consent to the making of an order in the following terms:

3.Set aside orders 1, 2, 3 and 4 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 25 February 2009 and order 6 made by the same court on 6 October 2009 and in place thereof order that:

(a)the judgment at trial in favour of the appellant be set aside and in place thereof judgment be entered in favour of the appellant in the sum of $119,874, being the sum agreed pursuant to order 4 of these orders and with costs in her favour calculated accordingly, the costs of the trial to be calculated as if the judgment had been entered in her favour in the sum of $275,669.09.

The Court will make orders in those terms and I publish those orders.

AT 10.22 AM THE MATTER WAS CONCLUDED