Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54

HIGH COURT OF AUSTRALIA

GLEESON CJ,

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

GRAHAM BARCLAY OYSTERS PTY APPELLANTS

LIMITED & ANOR

AND

GRANT RYAN AND ORS RESPONDENTS

Graham Barclay Oysters Pty Ltd v Ryan

[2002] HCA 54

5 December 2002

S258/2001

ORDER

1. Appeal by Graham Barclay Oysters Pty Ltd allowed in so far as it concerns the issue of negligence. 2. Appeal by Graham Barclay Distributors Pty Ltd allowed with costs. 3. Parties to have 28 days to file draft minutes of consequential orders to be made by this Court in respect of the orders (including costs orders) made by the Full Court of the Federal Court. 4. In default of agreement between the parties to this appeal as to the form of the draft minutes for that appeal, each party is to file within the 28 day period its draft with short written submissions in support, indicating how the drafts of the parties differ.

On appeal from the Federal Court of Australia

Representation:

C R R Hoeben SC with A P Coleman for the appellants (instructed by PricewaterhouseCoopers Legal)

T K Tobin QC with J B R Beach QC and B M Zipser for the first named first respondent (instructed by Slater & Gordon)

No appearance for the second to seventh named first respondents

W H Nicholas QC with T G R Parker for the second respondent (instructed

by Coudert Brothers)

B W Walker SC with P W Taylor SC and M J Windsor for the third respondent (instructed by Crown Solicitor for the State of New South Wales)

Intervener:

R J Meadows QC, Solicitor-General for the State of Western Australia with J C Pritchard intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for the State of Western Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.