Appellant M70 of 2006 v Minister for Immigration and Citizenship & Anor

[2009] HCATrans 124

[2009] HCATrans 124

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S120 of 2009

B e t w e e n -

APPELLANT M70 OF 2006

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MR SEAN LEYDEN

Second Respondent

Application for an order to show cause

BELL J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 JUNE 2009, AT 10.18 AM

Copyright in the High Court of Australia

MR S.E.J. PRINCE:   I continue my appearance for the applicant, your Honour.  (instructed by the plaintiff)

MR J.A.C POTTS:   May it please your Honour, I now appear for the Minister, the first defendant.  (instructed by Clayton Utz)

HER HONOUR:   Yes, Mr Potts.

MR POTTS:   Your Honour, a limited peace has broken out.  It is limited in this respect.  May I hand to your Honour some proposed short minutes?

HER HONOUR:   Yes, indeed.

MR POTTS:   Your Honour, yesterday, Mr Prince advised me that certain documents had been furnished by his client to the Minister in relation to his section 417 and section 48B request and Mr Prince advised that his client would be seeking an adjournment to allow those documents to be considered by the Minister.  Now, without any form of admission or concession or indeed without holding out any assurance as to what will happen to those documents my client is prepared to agree to an adjournment, subject to your Honour’s convenience, of course, perhaps in the order of a couple of weeks and your Honour will see the orders proposed simply allow for that to happen and note a concurrent undertaking not to remove the plaintiff until that next date.  So we are really in your Honour’s hands if your Honour is minded to make those orders as to what an appropriate date would be.

HER HONOUR:   I certainly am minded to make the orders.  I take it, Mr Prince, you do not wish to be heard?

MR PRINCE:   Not at all, your Honour.

HER HONOUR:   It is just a question of a convenient date.  How long did you two gentlemen have in mind?

MR PRINCE:   We are looking in the range of a couple of weeks, your Honour.  That would take us up to the 19th but I know there is a special leave day that day because I am in the list.

HER HONOUR:   That is a special leave day in Sydney on the 19th?

MR PRINCE:   Yes, in Sydney on the 19th.

HER HONOUR:   And that day is convenient to you, Mr Prince?

MR PRINCE:   Your Honour, I do not know that my practice is yet developed to the point where I am content to do two matters in this Court on the same day.  I do not know if I would be up to it.  I have spoken briefly to my friend about it.  He also has some difficulties on the 19th and I do not know how the Court is placed immediately the week following.

HER HONOUR:   The difficulty with that is that the Court is sitting in Brisbane in that week.  Mr Prince, I wonder if I could impose on you in this way, and perhaps this would address Mr Potts’ concerns.  If the application were to be dealt with later in the day of the 19th - major tensions of the day might then be at an end, Mr Prince.

MR PRINCE:   They may well be, your Honour.  Yes, that would be suitable to me.

HER HONOUR:   Mr Potts?

MR POTTS:   And to me, your Honour, yes.

Appellant M70 of 2006
Bell J
Sydney – 5/6/09

HER HONOUR:   What I had in mind, gentlemen, would be perhaps fixing the matter for 3.00 pm on Friday, 19 June.  Now, obviously if the applications are taking longer this matter will have to take its course, but it is a reasonable expectation, I think, that 3.00 pm on Friday, 19 June.  So if I amend the short minutes to read “The application for an order to show cause be adjourned until 3.00 pm on 19 June 2009” and it is correct, is it, Mr Potts, that I can fill in the undertaking “is to not remove the plaintiff from Australia until 3.00 pm on 19 June”.

MR POTTS:   Can I perhaps suggest your Honour makes it 5.00 pm to give ‑ ‑ ‑

HER HONOUR:   Yes, indeed.  Let us give ourselves a little time.  Thank you, Mr Potts.

MR POTTS:   May it please, your Honour.  That may have a practical consequence for the next day in any event, but I think your Honour should do that to make sure.

HER HONOUR:   Very well.  I have made those alterations to the short minutes.  I make orders in the form of the short minutes which I will initial and will place with the Court file.

MR POTTS:   If the Court pleases.

MR PRINCE:   If the Court pleases.

HER HONOUR:   The Court will adjourn.

AT 10.23 AM THE MATTER WAS ADJOURNED