Duong v The Queen; Sem v The Queen

[2012] HCATrans 262

[2012] HCATrans 262

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide   No A31 of 2012

B e t w e e n -

CHANSYNA DUONG

Applicant

and

THE QUEEN

Respondent

Office of the Registry
  Adelaide   No A32 of 2012

B e t w e e n -

ROTHA SEM

Applicant

and

THE QUEEN

Respondent

Summonses

FRENCH CJ

TRANSCRIPT OF PROCEEDINGS

FROM CANBERRA BY VIDEO LINK TO ADELAIDE

ON WEDNESDAY, 17 OCTOBER 2012, AT 9.58AM

Copyright in the High Court of Australia

____________________

MS M.E. SHAW, QC:   Your Honour, I am appearing on behalf of the applicants.  (instructed by Patsouris & Associates and Noblet & Co)

MR A.P. KIMBER, SC:   I appear with MS E.M. WILDMAN for the respondent in both matters.  (instructed by Director of Public Prosecutions (SA))

HIS HONOUR:   Yes, thank you, Ms Shaw.  I have read the papers for each of the applications and, as I understand it, the application would not be opposed in the light of what occurred in relation to the matter of Huynh.  Is that correct?

MS SHAW:   Would your Honour like to hear from Mr Kimber on that topic?

HIS HONOUR:   Yes.  Yes, Mr Kimber.

MR KIMBER:   What your Honour puts is correct.  The directions at trial and the grounds of appeal that are now before this Court equally apply to Sem and Duong as they do to Mr Huynh.

HIS HONOUR:   Yes.  I think there is a slip in the ground of appeal which has been annexed to the affidavit in relation to Mr Duong that refers to the “appellant Huynh”.  Somebody has obviously just made some sort of word processing ‑ ‑ ‑

MR KIMBER:   That is so, your Honour.

HIS HONOUR:   Yes.  You do not object to an extension of time.

MR KIMBER:   No, your Honour.

HIS HONOUR:   Ms Shaw, what I would propose to do then is to grant the extension of time, but refer each of these applications for special leave to the Full Court, which will also be hearing the Huynh appeal, on the basis that the applications will be argued as on an appeal.  At this stage, I am proposing that the Huynh matter will be listed for hearing on 6 December and on that basis the other two matters would come on at the same time.  Is there any difficulty with that, from your point of view?

MS SHAW:   No, your Honour.

HIS HONOUR:   Mr Kimber?

MR KIMBER:   No difficulty, your Honour.

HIS HONOUR:   So far as written submissions and the timetable for filing of papers is concerned the Registrar will set a timetable and you should be in touch with her at the earliest opportunity in order to settle those matters. 

The orders will be, in each case:

1.Time is extended to enable the application to be brought out of time.

2.The application is to be referred to a Full Court for argument as on the appeal at the same time as the appeal in the matter of Huynh.

3.The Registrar to give directions as to the timetable for filing submissions and appeal books.

Is there anything further, Ms Shaw?

MS SHAW:   No, your Honour.

HIS HONOUR:   Mr Kimber?

MR KIMBER:   No, your Honour.

HIS HONOUR:   The Court will now adjourn.

AT 10.03 AM THE MATTERS WERE ADJOURNED