Bodruddaza v MIMA

[2006] HCATrans 518

[2006] HCATrans 518

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S241 of 2006

B e t w e e n -

KAZI FAZLY ALAHI BODRUDDAZA

Plaintiff

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Defendant

Summons

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 21 SEPTEMBER 2006, AT 9.29 AM

(Continued from 13/9/06)

Copyright in the High Court of Australia

MR S.B. LLOYD:   May it please the Court, I appear with MR L.J. KARP.  (instructed by Parish Patience Immigration)

MR G.R. KENNETT:   May it please the Court, I appear for the defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, Mr Lloyd.

MR LLOYD:   Your Honour, I have two copies of a special case which has been signed by both parties to hand up.  I would seek leave to file that in Court, your Honour.

HIS HONOUR:   Yes.  There is no problem with that, Mr Kennett?

MR KENNETT:   No, your Honour.

HIS HONOUR:   That is granted.  The last of the many small errors seems to have been corrected.  Is there anything else that needs to be done other than to refer that special case to the Full Court?

MR LLOYD:   Not as far as I am concerned, your Honour.

HIS HONOUR:   I should say, though, that it would be in the parties’ interest to ensure that the arguments on question 3 are put fully in writing because it is highly unlikely that the Full Court will want to hear much oral argument on that subject, if it wants to hear any at all.

MR LLOYD:   I understand, your Honour.

HIS HONOUR:   I refer the special case agreed on by the parties pursuant to rule 27.08.1 of the High Court Rules to the Full Court.  The date will depend on liaison with the Registry.  It could well be this year.

The Court will now adjourn.

AT 9.31 AM THE MATTER WAS CONCLUDED