Gambotto & Anor v WCP Limited

[1994] HCATrans 215

•

•

'

•

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney	No Sl86 of 1993
B e t w e e n -
GIANCARLO GAMBOTTO and
ELIANA SANDRI

Appellants

and

WCP LIMITED

First Respondent

ACMEX INVESTMENTS (NO.4) PTY

LTD

Second Respondent

Application for expedition

Gambotto(3) 1 15/2/94

MASON CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 15 FEBRUARY 1994, AT 10.15 AM

Copyright in the High Court of Australia

MR G. GAMBOTTO: If Your Honour pleases, I am self

represented.

MR S.R. LEWIS:  May it please the Court, I act for the first

and second respondents. (of Norton Smith & Co)

HIS HONOUR:	Yes, Mr Gambotto.
MR GAMBOTTO:	Your Honour, I filed a summons in - - -
HIS HONOUR:	What is the date of the summons, Mr Gambotto?
MR GAMBOTTO:	The date of the summons is 21 January,

Your Honour.

HIS HONOUR:  Have you got an affidavit?

MR GAMBOTTO:  No, Your Honour. I was just going to present

some argument to Your Honour.

HIS HONOUR:  In a case in which you are seeking expedition,

you ought really to have an affidavit which sets

out those facts which justify an order for

expedition. You cannot really expect everyone to

accept what you say from the bar table.

But perhaps I can short-circuit this.

Mr Lewis, have you any objection to a date being

fixed for the hearing of this matter?

MR LEWIS:  Your Honour, the short answer is no. We do not

see any particular justification for expedition.

However, the only caveat we would have is that we would not want to suffer any prejudice by losing

our counsel, for example, who has been in this

matter from the beginning.

HIS HONOUR:	Who is that?
MR LEWIS: Mr Emmett.
HIS HONOUR:	I see. It transpires that a case fixed for

21 April is not going to continue to a hearing.

Apparently it is to be discontinued. Therefore,

that date is available. Is that date suitable to

you, Mr Gambotto?

MR GAMBOTTO:	Very suitable, Your Honour.
HIS HONOUR:	Is it suitable to you, Mr Lewis?

I believe it might be suitable to us,

Your Honour. I would like to just check this

morning if I could.

Gambotto(3) 2 15/2/94

HIS HONOUR:  How soon can you check?

MR LEWIS: Probably in the next five or ten minutes.

HIS HONOUR: All right. What I will do is I will stand this

matter down.	I will adjourn and I will resume in
10 minutes time.	You understand that, Mr Gambotto.

I am adjourning for 10 minutes to enable Mr Lewis

to ascertain whether that date is suitable to his

counsel.

MR GAMBOTTO:	Thank you indeed, Your Honour.
HIS HONOUR:	I will come back in 10 minutes.

AT 10.19 SHORT ADJOURNMENT

UPON RESUMING AT 10.31 AM:

HIS HONOUR: Mr Lewis, what is the position?

MR LEWIS:  The date is suitable, Your Honour, to Mr Emmett.

HIS HONOUR:  Very well. What I propose to do is fix the

date of hearing of the appeal for 21 April and that

will be subject to part heard cases, but I do not

expect that there will be any difficulty in that

respect.

MR GAMBOTTO:  Thank you, Your Honour.

HIS HONOUR: Subject to what the parties may say, I will

order that the costs of this application be costs

in the appeal.

MR GAMBOTTO:	Thank you, Your Honour.
MR LEWIS:	Thank you, Your Honour.
HIS HONOUR:	I take it that the case is not expected to go

beyond one day?

Not as far as I am concerned, Your Honour.

HIS HONOUR:  And you, Mr Lewis, do you know?

Gambotto(3) 3 15/2/94

MR LEWIS:  No, I do not expect it to go beyond a day,

Your Honour.

HIS HONOUR:  Very well. The Court will now adjourn sine

die.

AT 10.32 AM THE MATTER WAS ADJOURNED SINE DIE

Gambotto(3) 4 15/2/94