maybe not so good news for pif.

Closing remarks from the HC re the Fortress v Bentleys. Mr Hutley is for Fortress and Coles for Bentleys.





MR HUTLEY: Your Honour, if, as we anticipate, the Court of Appeal will return – we will return, on my current instructions, before this Court and what we would submit is that if some order could be fashioned to await the costs of this on the outcome of any application which is subsequently made – I see the procedural difficulties of that, your Honour - - -


HAYNE J: That has a few difficulties about it, Mr Hutley.


MR HUTLEY: We have taken the choice to move early. Your Honours are against us, and I say obviously nothing about that. But the likelihood is that, as it were, in those immortal words “we will be back” and, your Honour, having regard to its past history, the likelihood is that this will be a matter which the Court considers worthy of the Court’s consideration. There is a real substantial possibility of that, if I can put it as highly as that.


CRENNAN J: But you accept you had moved prematurely?


MR HUTLEY: Having regard to your Honour’s determination, I can say nothing about it. I can say no more than that. If it was possible to fashion an order whereby, in effect, these costs awaited the ultimate outcome or were subject to reconsideration if there were another application which was successful and by the conduct of such appeal we would entertain it. I stand here. Your Honour’s invitation surprised me. I am not sure that I can fashion one standing here.


HAYNE J: Yes, Mr Coles, what do you say?


MR COLES: I seek an order for the respondent’s costs, if your Honours please.


HAYNE J: The application will stand dismissed with costs