High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
Matter No M51/2007
INTERNATIONAL AIR TRANSPORT ASSOCIATION APPELLANT
AND
ANSETT AUSTRALIA HOLDINGS LIMITED (SUBJECT
TO DEED OF COMPANY ARRANGEMENT) & ORS RESPONDENTS
Matter No M52/2007
INTERNATIONAL AIR TRANSPORT ASSOCIATION APPELLANT
AND
ANSETT AUSTRALIA HOLDINGS LIMITED (SUBJECT
TO DEED OF COMPANY ARRANGEMENT) RESPONDENT
International Air Transport Association v Ansett Australia Holdings Limited [2008] HCA 3
6 February 2008
M51/2007 & M52/2007
ORDER
Matter No M51 of 2007
1. Appeal allowed.
2. Set aside orders 1 and 2 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 16 November 2006, except in so far as those orders varied the orders in respect of the costs of proceedings at first instance, and, in their place, order that the appeal to that Court be otherwise dismissed.
3. The appellant pay the respondents' costs of the appeal to this Court.
Matter No M52 of 2007
1. Appeal allowed.
2. Set aside orders 1 and 2 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 16 November 2006, except in so far as those orders varied the orders in respect of the costs of proceedings at first instance, and, in their place, order that the appeal to that Court be otherwise dismissed.
3. The appellant pay the respondent's costs of the appeal to this Court.
On appeal from the Supreme Court of Victoria
Representation
S J Gageler SC with C M Caleo SC for the appellant (instructed by Clayton Utz Lawyers)
N J Young QC with M C Garner and O Bigos for the respondents (instructed by Arnold Bloch Leibler)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
International Air Transport Association v Ansett Australia Holdings Limited
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