CXXXVIII v Commonwealth of Australia & Ors

[2020] HCATrans 102

[2020] HCATrans 102

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A30 of 2019

B e t w e e n -

CXXXVIII

Appellant

and

COMMONWEALTH OF AUSTRALIA

First Respondent

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION

Second Respondent

JEFFREY ANDERSON

Third Respondent

KIEFEL CJ
BELL J
GAGELER J
KEANE J
NETTLE J
GORDON J
EDELMAN J
TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO BRISBANE, SYDNEY AND MELBOURNE

ON WEDNESDAY, 5 AUGUST 2020, AT 10.00 AM

Copyright in the High Court of Australia

_________________

KIEFEL CJ:   The parties in this proceeding filed a consent on 3 August 2020.  On behalf of the entire Court the following orders are made by consent:

Upon the undertaking of the respondents that each of:

(a)the summons issued to the appellant on 28 June 2018;

(b)the notice to produce issued to the appellant of 28 June 2018 and;

(c)the summons issued to the intervener on 25 June 2018,

will be withdrawn by 5.00 pm on 4 August 2020, the parties consent to the making of the following orders in this proceeding:

1.        The appeal be discontinued.

2.The first respondent pay the costs of the appellant (including costs associated with the grant of special leave to appeal) to the time of discontinuance as agreed or taxed.

3.The first respondent pay the costs of the intervener to the time of discontinuance as agreed or taxed.

4.Paragraph 2 of the order of the Full Court of the Federal Court of Australia dated 3 April 2019 be set aside, and in its place, order that the first respondent pay the appellant’s costs.

5.Paragraph 2 of the order of the Federal Circuit Court of Australia dated 31 August 2018 be set aside, and in its place, order that the first respondent pay the applicant’s costs.

I publish those orders.

AT 10.02 AM THE MATTER WAS CONCLUDED