Australian Pork Ltd v Director of Animal and Plant Quarantine & Ors

[2005] HCATrans 877

[2005] HCATrans 877

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S505 of 2005

B e t w e e n -

AUSTRALIAN PORK LIMITED

Applicant

and

DIRECTOR OF ANIMAL AND PLANT QUARANTINE

First Respondent

WINDRIDGE FARMS PTY LTD

Second Respondent

FAYMAN INTERNATIONAL PTY LTD

Third Respondent

Summons

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 26 OCTOBER 2005, AT 10.14 AM

Copyright in the High Court of Australia

MR D.F. JACKSON, QC:   If your Honour please, I appear with my learned friend, MR M.J. LEEMING, for the applicant.  (instructed by Corrs Chambers Westgarth)

MR D.M.J. BENNETT, QC, Solicitor‑General of the Commonwealth of Australia:   I appear for the first respondent, if your Honour pleases.  (instructed by Minter Ellison)

HIS HONOUR:   Well, you are aware of my view about expedition generally but they do not seem applicable in this case because there is a slot available on 18 November.  In those circumstances, it seems to me this is a proper case for expedition.  Are there any orders that I need to make?

MR JACKSON:   I do not think your Honour needs to make any order apart from the fact that the matter be directed to be heard, if that be appropriate, on 18 November and perhaps an order that the costs of the hearing be costs in the matter.

MR BENNETT:   We can have our outline by – I think 4 November is the date the Rules provide.  That is plenty of time.  I was here primarily to indicate, as is said in our submissions, that we support the application for expedition but on a different basis.  We do not accept the basis which the ‑ ‑ ‑

HIS HONOUR:   Yes.

MR JACKSON:   We respond, your Honour, by noting the irrelevance of that.

HIS HONOUR:   Yes.  In the matter of Australian Pork Ltd v Director of Animal and Plant Quarantine and Others I direct that the hearing of this matter be expedited and that it be listed on 18 November next.  The costs of today’s proceedings shall be costs of the special leave application.

AT 10.17 AM THE MATTER WAS CONCLUDED