AWB Limited v Australian Securities & Investments Commission & Anor [2010] HCATrans 40 (4 March 2010)

Last Updated: 4 March 2010

[2010] HCATrans 040

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M117 of 2009

B e t w e e n -

AWB LIMITED (ACN 081 890 459)

Appellant

and

AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION

First Respondent

ANDREW ALEXANDER LINDBERG

Second Respondent

FRENCH CJ
GUMMOW J
HEYDON J
CRENNAN J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 MARCH 2010, AT 10.17 AM

Copyright in the High Court of Australia

MR R. MERKEL, QC: If the Court pleases, I appear with my learned friend, MS S.B. McNICOL, for the appellant. (instructed by Allens Arthur Robinson)

MR S.J. GAGELER, SC (Solicitor-General of the Commonwealth of Australia): If the Court pleases, I appear with MR P.J. HANKS, QC and MS Z.E. MAUD for the first respondent. (instructed by Australian Securities and Investments Commission)

FRENCH CJ: Yes, Mr Merkel.

MR MERKEL: Your Honour, if I can just inform the Court that over the last period of time but until a few moments ago the parties were negotiating a global settlement over a range of matters. We have just been instructed that the terms of settlement have been signed or are being signed and there will be, as part of the terms, that we discontinue the appeal and file a notice of discontinuance. We would ask that upon the filing of the notice of discontinuance, which we would expect to be done in Melbourne during today, there be no order as to costs.

Can I just apologise to the Court for the late notice, but this is a matter that has been proceeding until just a few moments ago and we only got final instructions on the matter literally a few moments ago.

FRENCH CJ: Will you be content with leave to file a discontinuance on the basis that each party bear its own costs?

MR MERKEL: Yes, your Honour. Mr Lindberg filed a submitting appearance and there are no orders for costs that would affect him.

FRENCH CJ: No. Mr Solicitor.

MR GAGELER: Yes, I consent to an order in those terms, your Honour.

FRENCH CJ: There will be leave to the appellant to file a notice of discontinuance, each party to the appeal to bear its own costs. The Court will now adjourn until 10 am tomorrow.

AT 10.20 AM THE MATTER WAS ADJOURNED