Grollo v Palmer & Ors M78/1994 [1995] HCATrans 325 (21 September 1995)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M78 of 1994

B e t w e e n -

BRUNO GROLLO

Applicant

and -

MICHAEL JOHN PALMER, Commissioner of the Australian Federal Police

First Respondent

TELSTRA CORPORATION LIMITED

Second Respondent

DIRECTOR OF PUBLIC PROSECUTIONS (Commonwealth)

Third Respondent

COMMISSIONER OF TAXATION

Fourth Respondent

COMMONWEALTH OF AUSTRALIA

Fifth Respondent

For judgment

BRENNAN CJ

DEANE J

DAWSON J

TOOHEY J

McHUGH J

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY 21 SEPTEMBER 1995, AT 10.19 AM

(Continued from 31/5/95)

Copyright in the High Court of Australia

___________________________

(Reasons for judgment were delivered)

BRENNAN CJ: The order of the Court is:

1. Answer the question reserved in the special case as follows: No.

2. Remit the matter to the Federal Court of Australia to hear and determine the proceedings in accordance with the answer given to the question reserved.

3. The applicant to pay the respondent's costs of the special case and of the hearing and determination of the question reserved.

MR J BEACH: Your Honour, could I, on behalf of the applicant, just raise one matter in relation to the costs order?

BRENNAN CJ: Yes.

MR BEACH: It has been agreed between the applicant, Mr Grollo, and the Commonwealth of Australia that whatever the outcome of the answer to the case stated, the question of costs would be resolved on the basis that each party would bear their own costs, that is, neither party would seek costs off the other. Now, the costs order that your Honour has orally pronounced, I think, would give the Commonwealth the benefit of a costs order. That is certainly not what was intended between the applicant and the Commonwealth and I would seek to have the order modified accordingly.

BRENNAN CJ: Is that the Commonwealth's view?

MR C STAKER: Your Honour, that is the Commonwealth's view, if the Court pleases.

BRENNAN CJ: Yes. Then the third order which I have pronounced will be rescinded and upon the delivery to the Registry of a consent order signed by the applicant and the Commonwealth, an order will be made in accordance with the terms that are consented to.

MR BEACH: Thank you, your Honour.

MR STAKER: Thank you, your Honour.

BRENNAN CJ: The Court will adjourn to a date to be fixed.

AT 10.22 AM THE MATTER WAS CONCLUDED