C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board [2009] HCA 47

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON AND CRENNAN JJ

Matter No H7/2009

C.A.L. NO 14 PTY LTD T/AS TANDARA MOTOR INN

& ANOR APPELLANTS

AND

MOTOR ACCIDENTS INSURANCE BOARD RESPONDENT

Matter No H8/2009

C.A.L. NO 14 PTY LTD T/AS TANDARA MOTOR INN

& ANOR APPELLANTS

AND

SANDRA SCOTT RESPONDENT

C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board

C.A.L. No 14 Pty Ltd v Scott

[2009] HCA 47

10 November 2009

H7/2009 & H8/2009

ORDER

Matter No H7/2009

1. Appeal allowed.

2. Orders of the Full Court of the Supreme Court of Tasmania set aside, and in lieu thereof order that the appeal to that Court be dismissed.

3. The respondent is to pay the appellants' costs of the hearing in the Full Court of the Supreme Court of Tasmania and in this Court.

Matter No H8/2009

1. Appeal allowed.

2. Orders of the Full Court of the Supreme Court of Tasmania set aside, and in lieu thereof order that the appeal to that Court be dismissed.

3. The respondent is to pay the appellants' costs of the hearing in the Full Court of the Supreme Court of Tasmania and in this Court.

On appeal from the Supreme Court of Tasmania

Representation

J Ruskin QC with K E Read and S A O'Meara for the appellants (instructed by Richard Mole & Associates)

B W Walker SC with C J Barlett for the respondent in H7/2009 (instructed by Bartletts)

S P Estcourt QC with A Darcey for the respondent in H8/2009 (instructed by Wallace Wilkinson & Webster)

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