Applicant P66-2003 v Hutchinson

[2003] HCATrans 459

[2003] HCATrans 459

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P76 of 2003

B e t w e e n -

APPLICANT P66/2003

Applicant

and

COLIN HUTCHINSON

First Respondent

THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Second Respondent

Summons for interlocutory injunction

CALLINAN J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

FROM PERTH BY VIDEO LINK TO CANBERRA

ON THURSDAY, 13 NOVEMBER 2003, AT 1.19 PM

(Continued from 30/10/03)

Copyright in the High Court of Australia

__________________

HIS HONOUR:   Yes, the same appearances as last time, I think, is that correct?

MR COLVIN:   They are, your Honour, although I am not here with Mr Beech today.  He is in another court.

HIS HONOUR:   No.  Well, I listed this matter for mention really because I wanted to see whether Mr Macliver has any instructions yet and what they are.  Thank you, Mr Colvin.  Mr Macliver?

MR MACLIVER:   Yes, your Honour.  I am able to advise the Court that I presently do not have instructions.  Following the proceedings on the last occasion some advice was sought, which has been given, and the Department has sent a submission to the Minister.  My understanding is that the submission only went to the Minister on Tuesday and the Minister has had insufficient time to consider that submission and provide instructions.  Your Honour, in those circumstances, my instructing solicitor had contacted the solicitors for the applicant to advise that situation and to seek their consent to an adjournment.  As I understand it, there was no problem with that consent.  I would have thought another week would be sufficient for the Minister to consider the submission and provide instructions.

HIS HONOUR:   Mr Macliver, subject to what Mr Colvin says, why might it not be better for me simply to adjourn the matter to a date to be fixed upon two or three days notice by either side to the other and subject to my availability to deal with the matter.  That way ‑ ‑ ‑

MR MACLIVER:   That is probably the best course, your Honour, for us to contact the Court and the applicant’s solicitors once the Minister’s instructions have been received.

HIS HONOUR:   Yes, I think in those circumstances I will adjourn the matter to a date to be fixed and either party may bring the matter on upon a date that I can make myself available for and the parties to co‑operate in finding suitable dates.  Is that satisfactory?

MR MACLIVER:   That is.

HIS HONOUR:   Is that satisfactory to you, Mr Colvin?

MR COLVIN:    We are content with that, your Honour.  The only issue is the undertaking which was an undertaking during the period of the adjournment.  We would…..your Honour, that the undertaking continue.

HIS HONOUR:   Mr Macliver, there would not be any problem about that, would there?

MR MACLIVER:   No, your Honour.  I am happy to give that undertaking that it will continue until such time as the matter comes on before your Honour again.

HIS HONOUR:   All right.  Thank you, Mr Macliver.  That undertaking is noted.  That disposes for present purposes of this matter.  I have another matter, so you gentlemen are excused.  Thank you.

AT 1.23 PM THE MATTER WAS ADJOURNED