Amaca Pty Ltd v Ellis & Ors

[2010] HCATrans 89

[2010] HCATrans 089

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P13 of 2009

B e t w e e n -

AMACA PTY LTD (ACN 000 035 512)

Appellant

and

TERESA ELLIS AS EXECUTOR OF THE ESTATE OF PAUL STEVEN COTTON (DEC)

First Respondent

THE STATE OF SOUTH AUSTRALIA

Second Respondent

MILLENNIUM INORGANIC CHEMICALS LTD (ACN 008 683 627)

Third Respondent

Office of the Registry
  Perth  No P14 of 2009

B e t w e e n -

THE STATE OF SOUTH AUSTRALIA

Appellant

and

TERESA ELLIS AS EXECUTOR OF THE ESTATE OF PAUL STEVEN COTTON (DEC)

First Respondent

AMACA PTY LTD (ACN 000 035 512)

Second Respondent

MILLENNIUM INORGANIC CHEMICALS LTD (ACN 008 683 627)

Third Respondent

Office of the Registry
  Perth  No P12 of 2009

B e t w e e n -

MILLENNIUM INORGANIC CHEMICALS LTD (ACN 008 683 627)

Appellant

and

TERESA ELLIS AS EXECUTOR OF THE ESTATE OF PAUL STEVEN COTTON (DEC)

First Respondent

THE STATE OF SOUTH AUSTRALIA

Second Respondent

AMACA PTY LTD (ACN 000 035 512)

Third Respondent

Pronouncement of orders by consent

FRENCH CJ
GUMMOW J
HAYNE J
HEYDON J
KIEFEL J
BELL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 14 APRIL 2010, AT 10.20 AM

Copyright in the High Court of Australia

__________________

FRENCH CJ:   On 3 March 2010, the Court allowed each of these appeals and ordered the parties to file agreed minutes of proposed consequential orders.  On 31 March 2010, the parties in each matter filed those consent orders. 

The parties in matter No P12 of 2009 filed a consent to the making of orders in the following terms:

1.Appeal allowed with costs.

2.Set aside the orders of the Court of Appeal dated 26 September 2008 and orders 3 to 5 of the orders of the Court of Appeal dated 29 January 2009 and in lieu thereof order:

(a)Appeal allowed with costs;

(b)Set aside the orders of Justice EM Heenan made on 8 December 2006 and in lieu thereof order that the plaintiff’s claims be dismissed with costs. 

The Court will make orders in those terms.

The parties in matter No P13 of 2009 filed a consent to the making of orders in the following terms:

1.Appeal allowed with costs.

2.Set aside orders 1 to 4 of the Court of Appeal dated 29 January 2009 and in lieu thereof order:

(a)Second appellant’s appeal be allowed with costs; and

3.Set aside orders 1 to 4 of the orders of Justice EM Heenan made on 8 December 2006 and in lieu thereof order that:

(a)The plaintiff’s claim against the second defendant be dismissed; and

(b)The plaintiff pay the second defendant’s costs of the proceedings. 

The Court will make orders in those terms.

The parties in matter No P14 of 2009 filed a consent to the making of orders in the following terms:

1.Appeal allowed with costs.

2.Set aside the orders of the Court of Appeal of the Supreme Court of Western Australia dated 26 September 2008 and orders 3 to 5 of the Court of Appeal dated 29 January 2009 and in lieu thereof order that:

(a)The first appellant’s appeal be allowed with costs.

3.Set aside orders 1 to 4 of the orders of Justice EM Heenan in the Supreme Court of Western Australia on 8 December 2006 and in lieu thereof order that:

(a)The plaintiff’s claim against the first defendant be dismissed;

(b)The plaintiff pay the first defendant’s costs of the proceedings. 

The Court will make orders in those terms.

AT 10.22 AM THE MATTER WAS CONCLUDED