Berrigan Shire Council v Ballerini & Anor

[2005] HCATrans 824

[2005] HCATrans 824

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M86 of 2005

B e t w e e n -

BERRIGAN SHIRE COUNCIL

Applicant

and

JASON IAN BALLERINI

First Respondent

FORESTRY COMMISSION OF NEW SOUTH WALES

Second Respondent

Summons

McHUGH J

TRANSCRIPT OF PROCEEDINGS

FROM MELBOURNE BY VIDEO LINK TO SYDNEY

ON THURSDAY, 6 OCTOBER 2005, AT 1.58 PM

Copyright in the High Court of Australia

MR P. GARLING, SC:   May it please the Court, I appear for the applicant.  (instructed by Phillips Fox)

MR F.D. SACCARDO, SC:   May it please the Court, I appear with my learned friend, MR S.L. KEELING, on behalf of the first respondent.  (instructed by Maurice Blackburn Cashman)

HIS HONOUR:   Mr Garling and Mr Saccardo, a problem has arisen.  I just got back from Canberra this morning and going through the file I notice that the written submissions that have been filed in this have my daughter‑in‑law’s name on them – that is the written submissions on behalf of the applicant.  In the circumstances, I do not think I should sit on this application and I think it should be adjourned to a day next week.

MR GARLING:   If the Court pleases.

MR SACCARDO:   If your Honour pleases.

McHUGH J:   Is there any other order?

MR GARLING:   I do not think that the time lapse between now and next week, your Honour, will require any interim order to be made.

HIS HONOUR:   No.

MR SACCARDO:   I agree that that is the case, your Honour.  This is something that we can sort out between ourselves.

McHUGH J:   Yes, it is unfortunate, but it is an important matter from the respondent’s point of view and it is a discretionary judgment.  In the circumstances, I think it is better that I do not sit in it.  In fact, I think the policy of the Court generally is that Judges will not sit on any matter, sitting alone anyway, where some relative is involved as counsel. 

So, in those circumstances, I will adjourn the matter to a date to be fixed next week.  Justice Heydon will be the duty judge next week and there should be no trouble in getting a hearing date one day next week that is suitable to both counsel.

AT 2.00 PM THE MATTER WAS ADJOURNED