Boys & Ors v Australian Securities Commission

[1998] HCATrans 146

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P3 of 1998

B e t w e e n -

ALAN HAROLD BOYS, RONALD GEORGE HOWARD, DESMOND FRANK CRAWLEY, ANTHONY HAYS DOUGLAS-BROWN, ANTHONY HOWARD LEIBIWITZ

Applicants

and

AUSTRALIAN SECURITIES COMMISSION

First Respondent

ERNST & YOUNG (a firm)

Second Respondent

PHILLIPS FOX (a firm)

Third Respondent

PETER REYMOND QUIGLEY

Fourth Respondent

KEVIN LEE CHRISTENSEN

Fifth Respondent

Application for expedition

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 14 MAY 1998, AT 9.31 AM

Copyright in the High Court of Australia

_____________________

MR P.M. JACOBSON:   If your Honour pleases, I appear for the fourth and fifth respondents.  We are the applicants on the motion.  (instructed by Tottle Christensen)

HIS HONOUR:   You are the applicants on the motion, are you?

MR JACOBSON:   Yes.

HIS HONOUR:   And what are you seeking?

MR JACOBSON:   We seek expedition.

HIS HONOUR:   Yes.  I do not think there is any dispute about that from my point of view.

MR JACOBSON:   Well, if there is no dispute, it is just a question of the date.

HIS HONOUR:   Of dates, yes.  And there is some difficulty with the availability of counsel, I think.

MR JACOBSON:   Yes.  The reason 19 June was not given as the date was the unavailability of Mr Neil Young.

HIS HONOUR:   That is right.

MR JACOBSON:   But Mr Hely who is, of course, briefed in the matter is available if the proceedings are heard in Sydney.

HIS HONOUR:   Yes.  Well, there is a leave day in Sydney on that day.  I think any day is going to inconvenience someone or other.  I think I am right in saying that neither of those senior counsel were at the trial.  They were in the Full Court.  There was a very long trial before Justice Carr in this matter.

MR JACOBSON:   Yes.  I did not realise how long it was.  I know that Mr Justice Carr decided the matter in about April 1997.

HIS HONOUR:   Yes, it seems to have gone - - -

MR JACOBSON:   It then went to the Full Court, determined on 8 January 1998.

HIS HONOUR:   That is right.  It seems to have gone seven days in the Federal Court at first instance.  I am afraid it will have to be 19 June.  I am not sure the books are ready yet.

DEPUTY REGISTRAR:    No, they have not been filed yet.

HIS HONOUR:   I suppose you do not know how soon that can be done?

MR JACOBSON:   I do not.

HIS HONOUR:   I direct:

(1)  That the special leave application be expedited.

(2)  That subject to the application books being filed on or before 5 June, the application be placed in the list for hearing in Sydney on 19 June, and costs of this morning’s application will be costs in the special leave application.

MR JACOBSON:   Thank you, your Honour.

HIS HONOUR:   And will you tell the other parties?

MR JACOBSON:   I will.

HIS HONOUR:   Thank you, Mr Jacobson.

AT 9.35 AM THE MATTER WAS ADJOURNED