Applicants S41-2004, Ex parte - Re MIMIA

[2004] HCATrans 83

[2004] HCATrans 083

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry         
  Sydney  No S41 of 2004

In the matter of -

An application for Writs of Certiorari and Mandamus and Prohibition against MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Ex parte –

APPLICANTS S41/2004

Applicants/Prosecutors

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 17 MARCH 2004, AT 9.35 AM

Copyright in the High Court of Australia

APPLICANTS S41/2004 appeared in person.

MS R.A. PEPPER:   May it please the Court, I appear on behalf on the respondent.  (instructed by Sparke Helmore)

HIS HONOUR:   Now, Mr Translator, you had better be sworn or affirmed, I think.

EDILBERT RAJADURAI, sworn as interpreter:

HIS HONOUR:   What is the position, Ms Pepper?

MS PEPPER:   I understand the position to be that both parties consent now to the matter being remitted to the Federal Court.

HIS HONOUR:   I better have a look at the file.

APPLICANT S41/2004 (through interpreter):   Yes, I do consent, your Honour.

HIS HONOUR:   Thank you.

MS PEPPER:   Your Honour, on behalf on the respondent, I think a conflicting position was given earlier to the applicant.

HIS HONOUR:   Yes, I see.

MS PEPPER:   But that has now been resolved and we consent to the remitter.

HIS HONOUR:   All right.  What is the position in matter No 3, while you are here?

MS PEPPER:   It is the same, your Honour, and the applicants are present.

HIS HONOUR:   It is just a question of preparing some draft minutes, I suppose.

MS PEPPER:   Yes, I believe that to be so.

HIS HONOUR:   Just pardon me a minute.  Well, I will stand No 2 down in the list while the short minutes are prepared.  We will call No 3.

AT 9.38 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 9.52 AM:

MS PEPPER:   Your Honour, can we hand up some short minutes of order.  They are, in effect, a version of the short minutes of order.  We were originally informed by the Registry that it perhaps ought not need to be prepared.

HIS HONOUR:   Right.  Well, I will read them out and ask the translator to translate them, as I read them out:

IT IS ORDERED THAT:

1.        The further proceedings in this application (including any application for the enlargement of time) be remitted to the Federal Court of Australia (“the Federal Court”).

2.        Upon the Respondent Minister lodging in the High Court Registry in Sydney by 24 March 2004, one copy of all documents filed by the parties in this application, the Registrar of this Court shall forward to the proper officer of the Federal Court, copies of all documents filed in this Court.

3.        The Costs of the application to the date of remission are to be according to the scale applicable to proceedings in this Court and thereafter according to the scale applicable to the Federal Court and in the discretion of that Court.

IT IS CERTIFIED THAT:

1.        This was a proper matter for the attendance of counsel in Chambers. 

Is that understood?

APPLICANT S41/2004 (through interpreter):   Yes, your Honour.

HIS HONOUR:   Well, in matter No 2, I make orders as indicated in the consent order which I have initialled, dated and placed with the papers. 

AT 9.56 AM THE MATTER WAS CONCLUDED