High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ
Matter No S420/2004
AIR LINK PTY LIMITED APPELLANT
AND
MALCOLM IAN PATERSON RESPONDENT
Matter No S57/2005
MALCOLM IAN PATERSON APPLICANT
AND
AIR LINK PTY LIMITED RESPONDENT
Air Link Pty Limited v Paterson
Paterson v Air Link Pty Limited
[2005] HCA 39
10 August 2005
S420/2004 and S57/2005
ORDER
Matter No S420/2004
Appeal dismissed with costs.
Matter No S57/2005
1. Special leave to appeal granted.
2. Appeal allowed with costs.
3. Set aside orders 2, 3 and 4 of the orders of the Court of Appeal of the Supreme Court of New South Wales entered on 27 September 2002 and in their place order that the appeal to that Court is dismissed with costs.
On appeal from the Supreme Court of New South Wales
Representation:
Matter No S420/2004
R F Margo SC with R M Peters and M J Leeming for the appellant (instructed by Norton White)
D F Jackson QC with P A Regattieri for the respondent (instructed by M J Duffy & Son)
Matter No S57/2005
D F Jackson QC with P A Regattieri for the applicant (instructed by M J Duffy & Son)
R F Margo SC with R M Peters and M J Leeming for the respondent (instructed by Norton White)
Intervenors:
H C Burmester QC with B F Quinn intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
R J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor's Office)
M G Sexton SC, Solicitor-General for the State of New South Wales with J G Renwick intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for New South Wales)
C J Kourakis QC, Solicitor-General for the State of South Australia with A Rao intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor's Office South Australia)
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