High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
KEANE, GORDON, STEWARD AND GLEESON JJ
JEFFREY WILLIAM STUBBINGS APPELLANT
AND
JAMS 2 PTY LTD & ORS RESPONDENTS
Stubbings v Jams 2 Pty Ltd
[2022] HCA 6
Date of Hearing: 14 October 2021
Date of Judgment: 16 March 2022
M13/2021
ORDER
1. Appeal allowed.
2. Set aside orders 2 and 3 made on 5 August 2020 and orders 2 and 3 made on 24 August 2020 by the Court of Appeal of the Supreme Court of Victoria and, in their place, order that:
(a) orders 1 and 3 made on 22 July 2019 by the primary judge be varied so that the date of those orders be taken instead to be the date of final orders in Proceeding No M13 of 2021 in the High Court of Australia;
(b) the appeal be otherwise dismissed;
(c) the appellants pay the respondent's costs of the application for leave to appeal and of the appeal on the standard basis; and
(d) pursuant to r 63.34.2 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic):
(i) the appellants pay the costs of the legal assistance provided to the respondent by the legal practitioners on a pro bono basis, as if the legal assistance had been provided by the legal practitioners not on a pro bono basis but on the basis that the respondent was under an obligation to pay for the legal assistance in the ordinary way; and
(ii) costs payable in respect of legal assistance given on a pro bono basis are payable directly to the legal practitioners.
3. The respondents pay the appellant's costs.
On appeal from the Supreme Court of Victoria
Representation
N C Hutley SC with A M Dinelli and A Christophersen for the appellant (instructed by Garland Hawthorn Brahe Lawyers)
B W Walker SC with J D Watson for the respondents (instructed by Christopher William Legal)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
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