Gambotto & Ors v Beach Petroleum N.L. S12/1995 [1995] HCATrans 331 (28 September 1995)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S7 of 1995

B e t w e e n -

GIANCARLO GAMBOTTO

Applicant

and

RESOLUTE SAMANTHA LIMITED

Respondent

Office of the Registry

Sydney No S12 of 1995

B e t w e e n -

GIANCARLO GAMBOTTO

First Applicant

GIANCARLO GAMBOTTO as Trustee for GIANLUCA GAMBOTTO, ALESSANDRO GAMBOTTO and ANTONELLA GAMBOTTO

Second Applicant

ELIANA SANDRI

Third Applicant

and

BEACH PETROLEUM N.L.

Defendant

For Judgment

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 28 SEPTEMBER 1995, AT 9.34 AM

(Continued from 18/9/95)

Copyright in the High Court of Australia

___________________

HIS HONOUR: In each of these matters I have reached the conclusion that the action should be dismissed. I publish my reasons. The two actions were heard together so the one set of reasons covers both matters.

(Reasons for judgment were delivered)

HIS HONOUR: There remains the question of costs.

MR J.D.HEYDON: We would make an application that the plaintiff pay the costs of the defendant in the first matter, your Honour.

HIS HONOUR: That is the Resolute Samantha matter?

MR HEYDON: Yes.

MS C. BERLINER: I would seek costs too of the Beach Petroleum matter.

HIS HONOUR: Yes. Is there anything that can resist that event? I think probably not, Mr Gambotto.

MR GAMBOTTO: No.

HIS HONOUR: In each matter I order that the plaintiffs pay the costs of the defendants. Copies of the reasons will be available at the Registry, Mr Gambotto, now.

AT 9.36 AM THE MATTER WAS CONCLUDED