South Sydney City Council v Paliflex Pty Limited [2003] HCA 66

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

SOUTH SYDNEY CITY COUNCIL PLAINTIFF

AND

PALIFLEX PTY LIMITED DEFENDANT

South Sydney City Council v Paliflex Pty Limited [2003] HCA 66

12 November 2003

S270/2003

ORDER

1. Cause remitted to the Supreme Court of New South Wales for the making of orders conformably with the reasons of this Court. 2. Paliflex Pty Limited to pay the costs of South Sydney City Council and the Attorney-General for New South Wales of the removal application and of the cause in this Court.

Representation:

I Mescher for the plaintiff (instructed by Pike Pike & Fenwick)

N C Hutley SC with G A Moore, N Perram and K M Richardson for the defendant (instructed by Brock Partners)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth of Australia with G Witynski and N L Sharp intervening on behalf of the Attorney-General of the Commonwealth of Australia (instructed by Australian Government Solicitor)

M G Sexton SC, Solicitor-General for the State of New South Wales with I Mescher intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for the State of New South Wales)

C J Kourakis QC, Solicitor-General for the State of South 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)

C J Kourakis QC, Solicitor-General for the State of South Australia with C Bleby intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)

P J Hanks QC with S G E McLeish intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)

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