Dow Jones & Co Inc v Gutnick

[2003] HCATrans 254

[2003] HCATrans 254

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M195 of 2003

B e t w e e n -

DOW JONES & COMPANY INC

Applicant

and

JOSEPH GUTNICK

Respondent

Application for expedition

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 28 JULY 2003, AT 9.49 AM

Copyright in the High Court of Australia

MR L. GLICK, SC:   If your Honour pleases, I appear with my learned friend, MS E.J. MILLER, for the respondent.  (instructed by Schetzer Brott & Appel)

HIS HONOUR:   Yes, Mr Glick.

MR GLICK:   I have this difficulty that I had been advised that Mr Robertson was to attend this morning.

HIS HONOUR:   Yes, I can shed some light on that, Mr Glick.  The Registrar informs me that she has been informed by the solicitors for Dow Jones that there was some confusion about the city in which this application would be heard and that Mr Robertson is presently in Sydney rather than in Melbourne, but she has just provided me with a facsimile from the solicitors for Dow Jones attaching a written submission which I suspect you will not have seen but which I can read to you.  It is very brief.

1.  The Applicant has read the submissions of Glick SC and Ms E Miller filed for the Respondent in this application.

2.  The Applicant does not oppose the Respondent’s application for expedition.

3.  The Applicant will co‑operate in the listing and hearing of the matter as appropriate.

MR GLICK:   Thank you, your Honour.

HIS HONOUR:   Now, all that being said, Mr Glick, the first available date in Melbourne when this matter could be heard is 3 October.  If I were to order that, subject to any contrary order of a Justice, the application for special leave be listed for hearing in the list of matters to be heard in Melbourne on 3 October 2003 and if I were to order that the costs of this application be costs in the application for special leave, other than certifying for counsel, would you wish to be heard to say anything against the making of those orders or seek any additional orders?

MR GLICK:   No, your Honour.

HIS HONOUR:   Yes, there will be orders in those terms.  I will adjourn until 10.30.

AT 9.52 AM THE MATTER WAS CONCLUDED