Alley v Gillespie

[2017] HCATrans 168

[2017] HCATrans 168

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S190 of 2017

B e t w e e n -

PETER ALLEY

Plaintiff

and

DAVID GILLESPIE

Defendant

Directions hearing

BELL J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 23 AUGUST 2017, AT 9.29 AM

Copyright in the High Court of Australia

MS S. MIRZABEGIAN:   May it please the Court, I appear for the plaintiff.  (instructed by Maurice Blackburn Lawyers)

MR G.O’L. REYNOLDS, SC:   May it please the Court, I appear for the defendant with my learned friend, MR D.P. HUME.  (instructed by Colin Biggers & Paisley Solicitors)

MR C.L. LENEHAN:   May it please the Court, I appear for the Attorney‑General intervening.  (instructed by Australian Government Solicitor)

HER HONOUR:   Yes.

MS MIRZABEGIAN:   Your Honour, the parties have had some discussions and we have come to some agreement on some proposed orders ‑ if I could hand them up to your Honour.

HER HONOUR:   Yes, indeed.

MS MIRZABEGIAN:   Your Honour will see that I also hand up a proposed subpoena to Australia Post which is a subpoena that the parties have agreed among themselves should be issued today.

HER HONOUR:   I see, yes.

MS MIRZABEGIAN:   It requires a note of your Honour to enable that subpoena to be issued.

HER HONOUR:   Yes.  So the parties are agreed on the issue of the subpoena to the Australian Postal Corporation and the date that that is to be made returnable?

MS MIRZABEGIAN:   We are in your Honour’s hands as to that.

HER HONOUR:   Yes.

MS MIRZABEGIAN:   Perhaps two weeks, your Honour, would be sufficient – from today’s date.

HER HONOUR:   That takes us to 6 September.

MS MIRZABEGIAN:   I think that would be convenient, your Honour.

HER HONOUR:   Yes, and then what is contemplated is the matter being listed on a date shortly after 25 September.

MS MIRZABEGIAN:   Yes, your Honour.  It may well be – and I have raised this with Mr Reynolds – that perhaps in the course of agreeing facts and once the pleadings are on there may well be able to be some informal production of documents that have been sought pursuant to the Golden Boot subpoena which would be an efficient way forward.

HER HONOUR:   And that might resolve that issue. 

MS MIRZABEGIAN:   It may well.

HER HONOUR:   Yes.

MS MIRZABEGIAN:   But in the event it does not we have just made provision in order 7 for any objection to the issue of that Golden Boot subpoena to be dealt with on the return date shortly after the 25th.

HER HONOUR:   Yes.  Does 9.30 on Wednesday, 27 September suit?

MS MIRZABEGIAN:   Yes, that is convenient to me, your Honour.

HER HONOUR:   Mr Reynolds, does that suit you?

MR REYNOLDS:   Yes, your Honour.

HER HONOUR:   Mr Lenehan?

MR LENEHAN:   Yes, your Honour.

HER HONOUR:   Yes, all right.  Well I take it, gentlemen, neither of you wishes to be heard?

MR REYNOLDS:   Could I just flag one issue, your Honour ‑ ‑ ‑

HER HONOUR:   Yes, indeed.

MR REYNOLDS:   ‑ ‑ ‑ and that is we have written to the plaintiff about the possibility of security for costs.  There has been no response to date, but I just flag that as an issue which may arise in the future.

HER HONOUR:   Noted.  Mr Lenehan, anything you wish to add?

MR LENEHAN:   Only this, your Honour.  Your Honour will have seen that we have flagged the possible jurisdictional issue.

HER HONOUR:   Indeed, yes.

MR LENEHAN:   You have seen the way that we propose that that might be dealt with.

HER HONOUR:   Yes, as I understand it the parties are in discussion.

MR LENEHAN:   Yes.

HER HONOUR:   Yes, I had noted the jurisdictional issue, Mr Lenehan. 

In this matter I will make orders in accordance with orders 1 to 7 in the orders handed up by Ms Mirzabegian, noting that order 3, the subpoena, will be made returnable on 6 September 2017, and that in order 7 the matter will be listed on 27 September 2017 with the intention that any objections to the issue of the subpoena to Golden Boot Pty Ltd be determined on that date.

Adjourn the Court.

AT 9.35 AM THE MATTER WAS ADJOURNED