John Pfeiffer Pty Limited v Rogerson [2000] HCA 36

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

JOHN PFEIFFER PTY LIMITED APPLICANT

AND

DAVID ROGERSON RESPONDENT

John Pfeiffer Pty Limited v Rogerson

[2000] HCA 36

21 June 2000

C14/1998

ORDER

1. Special leave to appeal granted, the appeal treated as instituted and heard instanter, and allowed.

2. Orders of the Full Court of the Federal Court of Australia made on 8 July 1998 set aside. In place thereof order that:

(a) the appeal to that Court be allowed; and

(b) the orders of the Full Court of the Supreme Court of the Australian Capital Territory made on 3 December 1997 be set aside and, in place of those orders, order that:

i) the appeal to the Full Court of the Supreme Court of the Australian Capital Territory be allowed;

ii) the orders of the Master made on 24 April 1997 be set aside;

iii) the matter be remitted to the Master to be determined in accordance with the reasons of this Court; and

iv) the costs of the whole of the proceedings before the Master to abide the outcome of that further hearing.

On appeal from the Federal Court of Australia

Representation:

B W Walker SC with A S Bell for the applicant (instructed by Hickson Wisewoulds)

T F Bathurst QC with F M G Parker and D J C Mossop for the respondent (instructed by Gary Robb & Associates)

2.

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth with M A Perry and G A Hill intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

W C R Bale QC, Solicitor-General of the State of Tasmania with S K Lighton intervening on behalf of the Attorney-General of the State of Tasmania (instructed by Crown Solicitor for the State of Tasmania)

T I Pauling QC, Solicitor-General for the Northern Territory intervening on behalf of the Attorney-General for the Northern Territory (instructed by the Solicitor for the Northern Territory)