Hot Holdings Pty Ltd v Creasy

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJHOT HOLDINGS PTY LTD  APPELLANTANDMARK GARETH CREASY & ORS RESPONDENTSHot Holdings Pty Ltd v Creasy [2002] HCA 5114 November 2002P58/2001ORDER1.   Appeal allowed.2.   Set aside the whole of the order made by the Full Court of the Supreme Court of Western Australia on 4 August 2000 dealing with the appeal to that Court and in place thereof order that the appeal to that Court is dismissed with costs.3.   Set aside paragraphs 2, 3, 4 and 5 of the order made by the Full Court on 4 August 2000 dealing with the return of the order nisi and in place thereof order that: a)   the order nisi granted by Heenan J on 23 June 1999 is discharged;b)   the applicants in the Full Court pay the respondents' costs in that Court.4.   The first named first respondent pay the costs of the appellant and the second respondent of the appeal to this Court.On appeal from the Supreme Court of Western AustraliaRepresentation:M J Buss QC with C G Colvin SC for the appellant (instructed by Lawton Gillon)M J McCusker QC with C P Stevenson for the first named first respondent (instructed by Mallesons Stephen Jaques)No appearance for the second and third named first respondentsG T W Tannin with J C Pritchard for the second respondent (instructed by Crown Solicitor's Office for the State of Western Australia)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the...