Aristocrat Technologies Australia Pty Ltd v Allam [2016] HCA 3

HIGH COURT OF AUSTRALIA

GAGELER J

ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD & ORS APPLICANTS

AND

RIAD ALLAM & ORS RESPONDENTS

Aristocrat Technologies Australia Pty Ltd v Allam [2016] HCA 3 17 February 2016 S169/2012

ORDER

1. Set aside the writ for levy of property issued on 23 December 2015.

2. Remit the matter of the claim of the first and sixth respondents pursuant to s 77M of the Judiciary Act 1903 (Cth) for remedies for enforcement of the judgment of the High Court of Australia given on 2 May 2013 and the certificate of taxation of costs issued on 2 December 2015 to the Federal Court of Australia, New South Wales Registry.

3. The matter be dealt with in the Federal Court as if the steps already taken in this Court had been taken in that Court.

4. The Registrar of this Court forward to the proper officer of the Federal Court photocopies of the following documents filed in this Court:

(a) the application for special leave to appeal filed on 22 June 2012;

(b) the order of the High Court of Australia made on 2 May 2013;

(c) the certificate of taxation issued on 2 December 2015 in respect of costs of $100,229.05;

(d) the first and sixth respondents' application for a writ for levy of property filed on 17 December 2015;

(e) the affidavit of Robert Gorczyca sworn on 17 December 2015;

(f) the writ for levy of property issued on 23 December 2015;

(g) the first and sixth respondents' application for a garnishee order filed on 21 January 2016;

(h) the affidavit of Robert Gorczyca sworn on 21 January 2016;

(i) the submissions filed by the parties on 5 February 2016;

(j) the applicants' summons filed on 5 February 2016;

(k) the affidavit of Michael John Williams sworn on 5 February 2016;

(l) the submissions filed by the first and sixth respondents on 10 February 2016;

(m) the affidavit of Robert Gorczyca sworn on 10 February 2016; and