Byrnes v The Repatriation Commission

[1992] HCATrans 170

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No Sl45 of 1991

B e t w e e n -

CLIFFORD JOHN BYRNES

Applicant

and

THE REPATRIATION COMMISSION

Respondent

Application for special leave

to appeal

MASON CJ
TOOHEY J

MCHUGH J .

Byrnes 1 5/6/92

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 JUNE 1992, AT 9.33 AM

Copyright in the High Court of Australia

MASON CJ:  Mr Emmett, before the next matter is called, I

notice that you are in Byrnes v Repatriation

Commission.

MR EMMETT:  Yes, Your Honour.

MASON CJ: Is your opponent here?

MR EMMETT:  I have not seen him.

MASON CJ: The reason why I mention it at this stage is that

on the face of it, the case seems to contain a

question that is similar to the question on which

we have reserved judgment in Bushell v The

Repatriation Commission, and thus it occurred to us

that it is a case that might perhaps stand over to

await the delivery of judgment in Bushell v The

Repatriation Commission.

MR EMMETT: That, Your Honour, was something that occurred

to us as to be the appropriate course to take in

relation to the matter.

MASON CJ:  Have you discussed it with - - -

MR EMMETT:  I have not had the opportunity yet. I spoke to

those instructing me last night and it occurred to

us that that might be an appropriate course if it

appealed to Your Honours.

MASON CJ: When your opponent arrives, you might take the

matter up with him and if the parties were minded

to agree to the matter standing over on that

footing, then you would have liberty to mention it

to the Court during the course of the morning.

MR EMMETT:	May it please Your Honour.
AT 9.34 AM THE MATTER WAS ADJOURNED

UNTIL LATER THE SAME DAY

UPON RESUMING AT 10.21 AM:

MR A.T. McINNES, QC: Before the next matter is called, I

wonder would Your Honour allow me to mention the

matter of Byrnes v Repatriation Commission, in

which I appear with my learned friend,

MR I. SANDERSON for the applicant. (instructed by

Vardanega Roberts)

Byrnes 2 5/6/92

MR A.R. EMMETT, QC:  I appear with my learned friend,

MR R.M. HENDERSON, for the respondent. (instructed

by Australian Government Solicitor)

MASON CJ: Yes, Mr Emmett.

MR McINNESS:  Your Honour, it would seem appropriate to ask

that the matter stand over until the Court hands

down judgment in the Bushell case. The Bushell

case may well resolve the issue in this case one

way or - - -

MASON CJ: Yes, it is possible. The matter will stand

adjourned by consent to a date to be fixed.

MR McINNESS: If the Court pleases.

AT 10.22 AM THE MATTER WAS ADJOURNED

TO A DATE TO BE FIXED

Byrnes 5/6/92