Conway v Jackson

[2001] HCATrans 138

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S77 of 2001

B e t w e e n -

DENISE CONWAY

Applicant

and

ALAN JACKSON

Respondent

Application for expedition

KIRBY J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 15 MAY, 2001, AT 9.36 AM

Copyright in the High Court of Australia

MR D. KNAGGS:   If it please the Court, I appear for the applicant for expedition.  (of Douglas Knaggs)

HIS HONOUR:   Now, I gather that the respondent is not going to be here today, is that correct?

MR KNAGGS:   I have just been informed that, yes.

HIS HONOUR:   I have a note from the Registrar informing me that the respondent, Mr Jackson, does not wish to be represented at the hearing of the application for expedition and he is agreeable to the Court hearing this matter ex parte.

MR KNAGGS:   Yes.

HIS HONOUR:   I have read the papers and I am inclined to think that there is a basis for expedition.  You say that you are fearful that if the Court does not deal with the matter quickly you may lose the point that has been argued in the courts below.

MR KNAGGS:   To some extent, although it may be, for example, if the appeal by the respondent is lost, we would still be wishing to see the bankruptcy act declared as having taken place back in March, instead of July/August.  But, essentially, we would lose most of the relevance of the appeal.

HIS HONOUR:   Now, one thing concerns me and that is I gather there may be a possibility that the respondent is going to be overseas at a certain time in the June list of the Court, is that correct?

MR KNAGGS:   Yes, your Honour, I have heard the same thing from the Registrar.  But I am told also by the Registrar, your Honour, there is a 22 June list where we could be heard.

HIS HONOUR:   Is that on a Tuesday?  That is a Friday, is it?

MR KNAGGS:   That is a Friday, yes, your Honour.

HIS HONOUR:   Yes, and that is outside the time that the respondent is overseas?

MR KNAGGS:   Yes, and the appeal is listed for 22 July in the Supreme Court.

HIS HONOUR:   Is 22 June available, Registrar?

DEPUTY REGISTRAR:    Your Honour, the list is full - - -

HIS HONOUR:   But is the list full for 22 June?

DEPUTY REGISTRAR:   Yes, but the list has not yet been settled so it may be possible to make some adjustments.

HIS HONOUR:   I am satisfied that this matter should proceed with expedition on the footing that the applicant is concerned, with some basis, that unless the application were expedited, the applicant might lose some, or all, of the points that have been argued in the Federal Court. 

I take into account the fact that there have been two streams of opinion in the Federal Court and that the Full Court of the Federal Court noted the care and attention that the applicant’s representative had give to the written submission which had been placed before that court.  The point is one of general application.  It cannot therefore be said that the point is without merit or that expedition would be futile.

I therefore order expedition of the hearing of the application for special leave.  It will heard in the Court on Friday, 22 June.  The costs of the proceedings today will be costs in that application.  I certify for the appearance of the legal representative of the applicant in chambers today.

MR KNAGGS:   Yes, thank you, your Honour.

AT 9.40 AM THE MATTER WAS CONCLUDED