Nullagine Investments Pty Ltd v WA Club Inc

177 CLR 635
116 ALR 26

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Between: Nullagine Investments Pty Ltd
And: WA Club Inc

Court:

Judges: Brennan J
Deane J
Dawson J
Toohey J
Gaudron J

Subject References:
Real Property

Hearing date: 14-15 October 1992
Judgment date: 26 August 1993

Canberra (heard in Perth)

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ORDER

(1)

Appeal allowed with costs.

(2)

Set aside the orders of the Full Court of the Supreme Court of Western Australia and in lieu thereof order that the appeal to that Court be dismissed with costs and that, for the purposes of taxation of costs, the value of the subject-matter be fixed at $1,000,000 and a certificate for second counsel be issued.

(3)

Liberty to the appellant to file in this Court and serve on the respondent within 14 days written submissions as to whether the orders of Rowland J should be varied to include an order pursuant to s 126(6) of the Property Law Act 1969 (WA) and as to the terms of such an order. Liberty to the respondent to file and serve on the appellant within seven days of such service written submissions in reply.