High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON AND KIEFEL JJ
Matter No S309/2009
JOHN ALEXANDER'S CLUBS PTY LIMITED & ANOR APPELLANTS
AND
WHITE CITY TENNIS CLUB LIMITED RESPONDENT
Matter No S308/2009
WALKER CORPORATION PTY LIMITED APPELLANT
AND
WHITE CITY TENNIS CLUB LIMITED & ORS RESPONDENTS
John Alexander's Clubs Pty Limited v White City Tennis Club Limited
Walker Corporation Pty Limited v White City Tennis Club Limited
[2010] HCA 19
26 May 2010
S309/2009 & S308/2009
ORDER
Matter No S309/2009
1. White City Tennis Club Ltd ("White City") have leave to file out of time its Second Notice of Contention.
2. The appeal be allowed with costs.
3. The following orders:
(a) the orders of Tobias JA made on 6 April 2009;
(b) Order 1 of the orders of the Court of Appeal of the Supreme Court of New South Wales ("the Court of Appeal") made on 5 May 2009;
(c) the orders of the Court of Appeal made on 3 June 2009, as amended on 23 July 2009;
(d) Order 7 of the orders of the Court of Appeal made on 10 June 2009; and
(e) Orders 3 and 6 of the orders of the Court of Appeal made on 23 July 2009;
be set aside, and in lieu thereof:
(f) the appeal by White City to the Court of Appeal be dismissed with costs; and
(g) White City pay the costs of John Alexander's Clubs Pty Ltd and Poplar Holdings Pty Ltd of White City's Notice of Motion dated 5 June 2009.
Matter No S308/2009
1. Set aside so much of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 23 July 2009 as ordered Walker Corporation Pty Ltd ("Walker Corporation") to pay the costs of White City Tennis Club Ltd ("White City") of the Amended Notice of Motion of Walker Corporation (including the costs of the Notice of Motion which the Amended Notice of Motion superseded) and in lieu thereof order that:
White City pay Walker Corporation's costs of:
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