Boreland v Docker & Ors

[2007] HCATrans 200

[2007] HCATrans 200

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S204 of 2007

B e t w e e n -

JOHN LESLIE BORELAND

Applicant

and

SHANE DOCKER

First Respondent

DANIEL THOMAS DOCKER

Second Respondent

LIQUOR ADMINISTRATION BOARD OF NEW SOUTH WALES

Third Respondent

Summons for expedition

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 10 MAY 2007, AT 2.20 PM

Copyright in the High Court of Australia

MR J.M. IRELAND, QC:   If the Court pleases, I appear on behalf of the applicant with my learned friends, MR G.A. MOORE and MR A. HATZIS.  (instructed by Mavrakis & Associates)

MR M.J. LEEMING, SC:   May it please the Court, I appear with my learned friend, MR J.B. CONOMY, for the first and second respondents.  (instructed by JDK Legal)

HIS HONOUR:   Mr Leeming, I noticed from a quick reading of the papers that at one stage it was said there will be no opposition to an expedition order subject to something that was going to happen in relation to an injunction.

MR LEEMING:   My instructions are not to oppose an expedition order.

HIS HONOUR:   All right.  Then can I ask you both this question; does it make any practical difference whether the special leave application is heard on 25 May or 15 June?

MR IRELAND:   I do not think so, your Honour.

MR LEEMING:   My learned friend and I found out two things.  Number one, that the 25th was heavily booked.  I spoke to my learned friend about the possibility of contracting time for his summary of argument.  We filed ours today.  I do not know if your Honours saw that.

HIS HONOUR:   Yes.

MR LEEMING:   My friend indicated they would be in a position to put their argument on within 14 rather than 21 days from now.

HIS HONOUR:   These days applications for expedition usually do not matter, because we put the case in the next special leave day after the papers are filed anyway.  We take 12 special leave applications on a day.  We probably have 12 cases for 25 May.  On the other hand, it would not be the end of the world if we would have to shuffle those around a bit, but we certainly have room on 15 June.

MR IRELAND:   Your Honour understands our problem that there is a drop‑dead date in August.  If we get over the first hurdle of special leave, then other problems arise but ‑ ‑ ‑

HIS HONOUR:   Yes, quite.  If you get special leave, you are very unlikely to get a decision by the order date.

MR IRELAND:   I understand.

HIS HONOUR:   It is slightly more convenient for the Court, I think, if I said 15 June, but does that matter to the party?

MR LEEMING:   We would embrace that for our part.  Your Honour, this is one of those perhaps unusual cases where there is expert evidence that was served today as to the public utility general importance of the matters sought to be agitated on special leave.  We anticipate serving countervailing expert evidence refuting that and that by itself makes 25 May a very tight timetable to accommodate.

HIS HONOUR:   Well, Mr Ireland, should we make it ‑ ‑ ‑

MR IRELAND:   No, we accept that.  We are happy to ‑ ‑ ‑

HIS HONOUR:   All right.  Mr Ireland, I have got floating around in the back of my head an idea that we looked at an issue like this in a special leave application not long ago.  Was that an application for special leave to appeal from one of those decisions that was relied on by the Court of Appeal?

MR IRELAND:   It is only two years ago, your Honour.  It was almost yesterday.

HIS HONOUR:   I see.  No, no, I remember looking quite recently at this issue of the value of poker machine entitlements.

MR IRELAND:   Yes.  There may be one of which I am not aware.  Mr Hatzis seems to have a finger in all the pies.  I will pursue that with him.

HIS HONOUR:   I will just list the matter for the application for hearing on 15 June.  You filed your outline of argument?

MR LEEMING:   We have, your Honour.

HIS HONOUR:   If the ordinary rules apply, you will file yours in sufficient time, will you?

MR IRELAND:   I think the rules would say 21 days but we will accept 14 days to file them.

HIS HONOUR:   All right then.  I will direct that the respondents’ summary of argument be filed within 14 days.

MR IRELAND:   Together with any evidence, your Honour?

HIS HONOUR:   Together with any evidence.

MR IRELAND:   Thank you.

HIS HONOUR:   The costs of this application will be costs in the application for special leave.

AT 2.24 PM THE MATTER WAS CONCLUDED