High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ
Matter No S513/2004
THE WATERWAYS AUTHORITY APPELLANT
AND
DANIEL GERARD FITZGIBBON & ORS RESPONDENTS
Matter No S98/2005
MOSMAN MUNICIPAL COUNCIL APPLICANT
AND
DANIEL GERARD FITZGIBBON &ORS RESPONDENTS
Matter No S131/2005
MIDDLE HARBOUR YACHT CLUB APPLICANT
AND
DANIEL GERARD FITZGIBBON & ORS RESPONDENTS
The Waterways Authority v Fitzgibbon
Mosman Municipal Council v Fitzgibbon
Middle Harbour Yacht Club v Fitzgibbon
[2005] HCA 57
5 October 2005
S513/2004, S98/2005 & S131/2005
ORDER
1. The time within which the second and third respondents may apply for special leave to appeal is extended, special leave to appeal is granted, the applications are to be treated as appeals and heard with the appellant's appeal.
2. Each appeal is allowed with costs.
3. Set aside orders 3 and 4 of the Court of Appeal of the Supreme Court of New South Wales made on 3 December 2003 and:
(a) In place of order 3, order that there be a new trial generally;
(b) In place of order 4, order that the respondents in the Court of Appeal pay the costs of the appeal of the appellant in that Court and that the costs of the trial be costs in the new trial.
On appeal from the Supreme Court of New South Wales
Representation:
Matter No S513/2004
J L Glissan QC with J S Whyte for the appellant (instructed by McCabe Terrill)
D F Jackson QC with D A Wheelahan QC and E G Romaniuk for the first respondent (instructed by Paul A. Curtis & Co)
B W Walker SC with R J Cheney for the second respondent (instructed by Riley Gray-Spencer)
M T McCulloch SC with S P W Glascott for the third respondent (instructed by Phillips Fox)
Matter No S98/2005
M T McCulloch SC with S P W Glascott for the applicant (instructed by Phillips Fox)
D F Jackson QC with D A Wheelahan QC and E G Romaniuk for the first respondent (instructed by Paul A. Curtis & Co)
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