Clive Frederick Palmer and the State Of Western Australia

[2020] HCATrans 174

[2020] HCATrans 174

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane   No B52 of 2020

B e t w e e n -

CLIVE FREDERICK PALMER

Plaintiff

and

THE STATE OF WESTERN AUSTRALIA

Defendant

KIEFEL CJ

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO CONNECTION

ON WEDNESDAY, 21 OCTOBER 2020, AT 12.02 PM

Copyright in the High Court of Australia

MR C.F. PALMER appeared in person.

MR J.A. THOMSON, SC, Solicitor‑General for the State of Western Australia:   Your Honour, I appear with MS J.E. SHAW on behalf of the defendant.  (instructed by State Solicitor’s Office (WA))

HER HONOUR:   The plaintiff’s amended statement of claim has been lodged with the Court and I see that the plaintiff seeks an order that he have leave to file an amended writ and statement of claim without markings to show amendments.  Is there any difficulty with that request, Mr Solicitor?  It seems eminently sensible.

MR THOMSON:   Indeed.  I wonder – the only thing I might suggest is if it is called “substituted” rather than “amended”, but we are very happy with that.

HER HONOUR:   Yes, thank you.  Mr Solicitor, it is proposed by the defendant to file an application to strike out parts of the amended statement of claim by this Friday, 23 October.

MR THOMSON:   Yes, indeed.  What we have done is we have set out the type of submissions that we would propose to make - put together the proposed application.  We have not filed it as yet because we were concerned that there might be some other more practical way that the Court had in mind to dispose of the matter – to finish the matter but that is the manner that we would propose to deal with the matter.

HER HONOUR:   No.  The application should be filed and it will be heard by Justice Nettle on Monday, 16 November at 2.15 pm Eastern Standard Daylight Time.

MR THOMSON:   Thank you, your Honour.

HER HONOUR:   Mr Palmer, I realise that you have raised the question of whether there can be waiver of compliance with the rules with respect to your pleading.  That can be raised before Justice Nettle in submissions at that time.

MR PALMER:   Thank you, your Honour.

HER HONOUR:   We need to discuss times for written submissions.  Mr Solicitor, would you be in a position to file your written submissions with the application this Friday, or do you need further time?

MR THOMSON:   No.  We would propose to rely upon the matters that we have already set out in our submissions and, in fact, either we could reproduce those matters or alternatively, we can simply say that we rely upon what is contained in the submissions that we have already filed but they will be in materially the same terms if we just reproduce them.

HER HONOUR:   You will not be expanding upon them in written form then?

MR THOMSON:   I do not think so, your Honour, unless there are particular matters in there that you think require it.

HER HONOUR:   Mr Palmer, will you be arguing this matter yourself, before Justice Nettle?

MR PALMER:   Yes, your Honour.

HER HONOUR:   How long do you wish then?  The defendant has indicated that it relies upon what has already been filed as written submissions – how long would you require to file written submissions in response?

MR PALMER:   I would have thought by Friday week, your Honour.

HER HONOUR:   That is 30 October.

MR PALMER:   Yes, your Honour.

HER HONOUR:   Yes, thank you.  There will, therefore, be the following orders: 

1.The plaintiff have leave to file a substituted writ and statement of claim without markings to show amendments.

2.The defendant file its application to strike out parts of the substituted statement of claim by Friday, 23 October.

The Court notes that the defendant will rely upon submissions already filed with respect to that application.

3.The plaintiff is to file his written submissions by Friday, 30 October. 

4.The application is listed for hearing before Justice Nettle on Monday, 16 November at 2.15 pm Eastern Standard Daylight Time. 

5.Costs are reserved.

There is no other matter?

MR PALMER:   No, your Honour.

MR THOMSON:   Not for us.

HER HONOUR:   Thank you.  The Court will adjourn.

AT 12.07 PM THE MATTER WAS ADJOURNED