Applicant VJAG of 2003 v MIMIA

[2004] HCATrans 534

[2004] HCATrans 534

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M53 of 2004

B e t w e e n -

APPLICANT VJAG OF 2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GLEESON CJ
HAYNE J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 3 DECEMBER 2004, AT 11.07 AM

Copyright in the High Court of Australia

MR C.J. HORAN:  If the Court pleases, I appear for the respondent in that matter.  (instructed by Australian Government Solicitor)

GLEESON CJ:   Now, Mr Horan, you have no doubt received the documents that we have received ‑ ‑ ‑

MR HORAN:   Yes.

GLEESON CJ:    ‑ ‑ ‑ concerning the desire of the applicant for an adjournment on the grounds set out in a letter signed by the Trauma Fellow of Bayside Health.  What is your attitude to that application?

MR HORAN:   The respondent does not oppose an adjournment if the Court thinks it appropriate to grant one.

GLEESON CJ:   All right.  Mr Horan, we have some new rules coming into force on 1 January and it may be that under those new rules, this case might be regarded as an appropriate case for consideration on the papers.  So what we are minded to do is to grant the adjournment sought by the applicant, reserving any questions as to costs, and alerting you and the applicant to the possibility that when the new rules come into force, this will not necessarily be a case in which there will be any necessity for oral argument.

MR HORAN:   Yes, your Honour.

GLEESON CJ:   Very well. 

In view of the information contained in a letter dated 2 December 2004, signed by the Trauma Fellow of The Alfred Hospital,  the matter will be, at the request of the applicant, taken out of today’s list.  I will note for the benefit of the Registry that consideration will be given when the new rules and procedures come into force on 1 January to the way in which the future progress of this matter should be dealt with.

MR HORAN:   If the Court pleases.

GLEESON CJ:   Thank you.

AT 11.10 AM THE MATTER WAS CONCLUDED