Chang v MIAC & Anor

[2008] HCATrans 415

[2008] HCATrans 415

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S484 of 2008

B e t w e e n -

PEI YUAN CHANG

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

MIGRATION REVIEW TRIBUNAL

Second Defendant

Application for order to show cause

HEYDON J

TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO SYDNEY

ON WEDNESDAY, 10 DECEMBER 2008, AT 9.30 AM

Copyright in the High Court of Australia

MR S.B. LLOYD, SC:   May it please the Court, I appear with MS A. ARUNOTHAYAM for the plaintiff.  (instructed by Fragomen)

MR R.J. BAIRD:   May it please the Court, I appear for the first defendants.  (instructed by Clayton Utz)

HIS HONOUR:   I have this consent order.  I have just one small problem with it, Mr Baird.  In the first paragraph, line 2 it says “to be quashed”.  That, as it were, implies that the decision will be removed into this Court and, as it were, simultaneously it will be quashed.  Should it not say “to be quashed and quashing”?

MR BAIRD:   Yes, your Honour.

HIS HONOUR:   In other words, the writ removes the decision into the Court to be quashed and then the Court quashes it.  Do you have any problem with that?

MR BAIRD:   No, your Honour.  I see that that would be a preferable form of order 1.

HIS HONOUR:   Mr Lloyd, do you have any problem with that amendment?

MR LLOYD:   No, I do not, your Honour.

HIS HONOUR:   Unless there is anything more to be said, I will make the first three orders with that amendment to order 1 and I will note the matter noted on the document dated yesterday.  Nothing more?

MR BAIRD:   No, your Honour.

MR LLOYD:   No, your Honour.

HIS HONOUR:   I make orders 1 to 3 in the form of document filed in the Registry on 9 December 2008 and signed by the solicitors for the parties, subject to inserting in line 2 of order 1 after the word “quashed” the words “and quashing” and I note the matter indicated in the document dated 9 December.

The Court will now adjourn.

AT 9.33 AM THE MATTER WAS CONCLUDED