Lehman Brothers Holdings Inc v City of Swan

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND KIEFEL JJMatter No S1/2010LEHMAN BROTHERS HOLDINGS INC  APPELLANTANDCITY OF SWAN & ORS  RESPONDENTSMatter No S362/2009LEHMAN BROTHERS ASIA HOLDINGS LIMITED (IN LIQUIDATION)  APPELLANTANDCITY OF SWAN & ORS  RESPONDENTSLehman Brothers Holdings Inc v City of Swan Lehman Brothers Asia Holdings Limited (in liquidation) v City of Swan [2010] HCA 11Date of Order:  30 March 2010Date of Publication of Reasons:  14 April 2010S1/2010 & S362/2009ORDERMatter No S1/20101.Appeal dismissed.2.The appellant pay the costs of the first, second and third respondents.Matter No S362/20091.Appeal dismissed.2.The appellant pay the costs of the first, second and third respondents.On appeal from the Federal Court of AustraliaRepresentationT F Bathurst QC with A J Payne SC and E A J Hyde for the appellant in S1/2010 and the seventh respondent in S362/2009 (instructed by Jones Day)D L Williams SC with M J Steele for the seventh respondent in S1/2010 and the appellant in S362/2009 (instructed by DibbsBarker Lawyers)N C Hutley SC with A P Coleman and D R Sulan for the first to third respondents in both matters (instructed by Piper Alderman)B A J Coles QC with P Kulevski for the fourth to sixth respondents in both matters (instructed by Clayton Utz Lawyers)S J Gageler SC, Solicitor-General of the Commonwealth with J W S Peters SC and O Bigos appearing as amicus curiae on behalf of Australian Securities and Investments Commission (instructed by Australian Securities and Investments Commission)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to...