Applicant M30-2004 v MIMA & Anor

[2006] HCATrans 456

[2006] HCATrans 456

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M66 of 2006

B e t w e e n -

APPLICANT M30 OF 2004

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for reinstatement

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON THURSDAY, 24 AUGUST 2006, AT 9.35 AM

Copyright in the High Court of Australia

MR W. MAPOMBERE:   If your Honour pleases, I appear for the applicant.  (instructed by Sulaika Dhanapala)

HIS HONOUR:   Yes, Mr Mapombere.

MR MAPOMBERE:   I have not received any opposing documents from the other side and if there is no appearance my address to your Honour will be very brief.

HIS HONOUR:   Yes, this is No 12.  I think you are engaged in this matter, are you, Mr Horan?

MR C.J. HORAN:   Your Honour, I appear for the first defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Then, I feel - Mr Horan has so much business, Mr Mapombere, that he has not even yet had time to speak with you, so perhaps if we stand the matter down in the list and we will come to it in due time.

AT 9.36 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 11.23 AM:

HIS HONOUR:   It is your application, is it, Mr Horan?

MR HORAN:   It is a similar application to the previous matter made under rule 41.10.4 for reinstatement or extension of time to file the written case.

HIS HONOUR:   What do you say about this one?

MR HORAN:   The Minister takes a similar position in that there is no opposition to the application.  I am not sure how the rules apply now that the applicant is represented, whether it remains governed by rule 41.10, but perhaps that is a matter for your Honour to consider.

HIS HONOUR:   What I am minded to do is simply extend the time so that there can be no question of deemed abandonment.  Mr Mapombere, when would your client be in a position to file the written case?  How long does he need?

MR MAPOMBERE:   My instructions are that within the next four weeks he is in a position to do that, your Honour.

HIS HONOUR:   If I again made an order fixing 4.00 pm on 22 September and made an order for costs of the kind I made in the last matter, namely, that they should be the Minister’s costs in the cause, would you wish to be heard against that?

MR MAPOMBERE:   No, your Honour, I am indebted.

HIS HONOUR:   The time for the applicant to file his written case and accompanying documents is extended to 4.00 pm 22 September 2006.  The costs of this application shall be the Minister’s costs in the application for special leave. 

Thank you, Mr Mapombere, for your attendance.

AT 11.26 AM THE MATTER WAS ADJOURNED