Epeabaka, Ex parte - Re Min for Immig

[1999] HCATrans 413

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M22 of 1999

In the matter of –

An application for Writs of Prohibition, Mandamus and Certiorari against PHILIP RUDDOCK, THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

DR RORY HUDSON, a (former) Member of the REFUGEE REVIEW TRIBUNAL

Second Respondent

Ex parte –

FAUSTIN EPEABAKA

Prosecutor

HAYNE J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON MONDAY, 22 NOVEMBER 1999, AT 10.15 AM

(Continued from 11/10/99)

Copyright in the High Court of Australia

MR D.L. LUCAS:   If it please the Court, I appear for the prosecutor.  (instructed by Victoria Legal Aid)

MR C.L. RAWSON:   Your Honour, if it please the Court, I appear for the first respondent.  (instructed by the Australian Government Solicitor)

HIS HONOUR:   Yes.  Now, what is the position in Epeabaka, gentlemen?

MR LUCAS:   Yes, your Honour, the position in this matter is not substantially changed since the position when the parties were before the Court on 11 October.  The Court had, of course, made orders on that date that the prosecutor file on or before 11 November amended grounds.

HIS HONOUR:   Yes.

MR LUCAS:   This has not yet occurred.

HIS HONOUR:   Well, what are we to do about it then, Mr Lucas?  Not much seems to be happening in the matter.  Why should we let it simply rest silent, as it were?

MR LUCAS:   Yes, that is an entirely fair question to ask.

HIS HONOUR:   It was not meant to be at all fair, Mr Lucas.  It was meant to be grotesquely unfair, but there we are.

MR LUCAS:   Your Honour, I am not really able to do more than, once again, I suppose, request the Court’s indulgence to grant a further short time for the prosecutor to consider his position.

HIS HONOUR:   Well, do I have any material that would explain why nothing is happening, Mr Lucas?

MR LUCAS:   Not before you, your Honour, no.

HIS HONOUR:   Why should I not stand you over until 9.30 tomorrow and, absent any further material by 9.30 explaining what is happening, simply dismiss you?  Just strike the application out or dismiss it.  It is time to get on with it, is it not?  Is there anything you can say in resisting that course?

MR LUCAS:   No, your Honour.

HIS HONOUR:   Yes.  Well, Mr Rawson, what do you say if I stand it over until 9.30 tomorrow and, absent further material, then we will see where we get to?

MR RAWSON:   Your Honour, the first respondent would be agreeable to that course.

HIS HONOUR:   Yes.

MR RAWSON:   I was proposing to hand up a short outline of submissions as to why your Honour should take that course today, but if your Honour is minded to deal with this tomorrow at 9.30, then I am available.

HIS HONOUR:   I think, Mr Lucas, this is last chance.  At 9.30 tomorrow and if you would be good enough to come along armed to the teeth to resist the inevitable application to dismiss the application, we will see where we get to then.

MR LUCAS:   As the Court pleases.

HIS HONOUR:   Yes, thank you, Mr Lucas.  I will stand it over until 9.30 23 November 1999 and I will reserve the costs.  Yes, thank you, Mr Lucas and Mr Rawson.

MR LUCAS:   Thank you, your Honour.

MR RAWSON:   As your Honour pleases.

AT 10.19 AM THE MATTER WAS ADJOURNED
UNTIL TUESDAY, 23 NOVEMBER 1999