Capital Finance Australia Limited & Anor v Tolcher & Anor [2008] HCATrans 316 (28 August 2008)

Last Updated: 29 August 2008

[2008] HCATrans 316

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S220 of 2008

B e t w e e n -

CAPITAL FINANCE AUSTRALIA LIMITED

First Appellant

CAPITAL CORPORATE FINANCE LIMITED

Second Appellant

and

RAYMOND GEORGE TOLCHER (AS LIQUIDATOR OF LLOYD SCOTT ENTERPRISES PTY LIMITED) (IN LIQUIDATION)

First Respondent

LLOYD SCOTT ENTERPRISES PTY LIMITED (IN LIQUIDATION)

Second Respondent

Pronouncement of orders by consent

GUMMOW J
KIRBY J
HEYDON J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 28 AUGUST 2008, AT 10.10 AM

Copyright in the High Court of Australia

_________________

GUMMOW J: This appeal was heard in Canberra on 5 and 6 August 2008 by a Bench comprising Justices Kirby, Heydon, Crennan, Kiefel and myself. The Court reserved its decision. The parties have since resolved their differences and join in an application for the making of orders by consent.

The proposed consent order is as follows:

1. Appeal allowed.

2. Set aside the orders of the Full Court of the Federal Court of Australia made on 28 November 2007 and in lieu thereof order:

(a) appeal allowed;

(b) set aside the orders of Tamberlin J made on 31 January 2007; and

(c) dismiss the further amended originating process filed in the Federal Court of Australia in proceeding No NSD 979 of 2004.

3. No order as to costs of these proceedings, the proceedings before the Full Federal Court or the proceedings before Tamberlin J.

The Court publishes that order.

AT 10.11 AM THE MATTER WAS CONCLUDED