Zippoz Pty Ltd v National Australia Bank Limited

[2013] HCATrans 98

[2013] HCATrans 098

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S87 of 2013

B e t w e e n -

ZIPPOZ PTY LTD

Applicant

and

NATIONAL AUSTRALIA BANK LIMITED

Respondent

Summons

KIEFEL J

TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO SYDNEY

ON THURSDAY, 9 MAY 2013, AT 9.25 AM

(Continued from 8/5/13)

Copyright in the High Court of Australia

HER HONOUR:   Ms Caporale, I understand that reasons have been made available by the Court of Appeal now.

MS CAPORALE:   Yes, your Honour.  They were handed down this morning.

HER HONOUR:   All right.  In that event there is no reason why the matter could not proceed in accordance with rule 41.10 in the usual way, which is to say that you file a draft notice of appeal and written case within 28 days from the time you filed your application for special leave and the matter will then be considered by a panel of Justices.

MS CAPORALE:   Yes, your Honour, I would like the opportunity to do that.

HER HONOUR:   There does not seem to me to be a need for any formal order for a stay and I think your stay application was only brought because you did not have the Court of Appeal’s reasons.  I have been told by Mr Price that the Sheriff is in charge of the execution of the writ of possession.  That is not taking place until some time in June.  The matter should be dealt with by a decision of Justices by then, but what I will do is simply direct the respondent to advise you if the Sheriff brings the date forward.  Is there any difficulty with that, Mr Price?

MR PRICE:   No, your Honour.

HER HONOUR:   If you are notified by the Sheriff you just let Ms Caporale know and she can take whatever steps she needs to at that point.

MR PRICE:   We will do that, your Honour.

HER HONOUR:   All right, thank you.  The only order then I propose to make with respect to the application, subject to hearing the respondent further in relation to any further order, is to direct that the respondent notify the applicant, through Ms Caporale, in the event that the Sheriff advises that the date set for the execution of the writ of possession, which is – could you remind me of that date, please, Mr Price?

MR PRICE:   It is 26 June, your Honour.

HER HONOUR:   Thank you – 26 June next is brought forward.  Is there any further order sought?

MS CAPORALE:   No, your Honour, at this point.  Thank you.

HER HONOUR:   Mr Price?

MR PRICE:   No, your Honour.

HER HONOUR:   Thank you.  The Court will now adjourn.

AT 9.28 AM THE MATTER WAS ADJOURNED