Gambotto & Anor v WCP Limited

[1993] HCATrans 389

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S61 of 1993

B e t w e e n -

GIANCARLO GAMBOTTO and

ELIANA SANDRI

Applicants

and

WCP LIMITED

First Respondent

ACMEX INVESTMENTS (NO.4)

PTY LIMITED

Second Respondent

GAUDRON J

(In Chambers)

Gambotto(2) 20/12/93

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 20 DECEMBER 1993, AT 4.21 PM

Copyright in the High Court of Australia

MR C. GAMBOTTO:  Your Honour, with all due respect, may I

address Your Honour for a few seconds?

HER HONOUR:  Would you please come forward and state your

name.

MR GAMBOTTO:  My name is Giancarlo Gambotto. Your Honour, a

few weeks ago I am an appellant in a matter before

the Court.

HER HONOUR:  Who is the appeal against? I cannot hear you

unless the other side knows of any application.	I
simply cannot.

MR GAMBOTTO:  This is exactly why I am approaching

Your Honour. The matter is that a few weeks ago I

was told by the Deputy Registrar of this Court that

if I had an urgency motion to put before Your

Honour, the duty judge, I could do so on a couple

of days notice. I went to a lot of trouble and

expense to prepare this urgency motion to be put

before the Court and I tried to file it this

afternoon and get a marking for a hearing before

Your Honour. I am told that the urgency motion

will not be accepted and therefore the matter is

rather an impasse for me.

HER HONOUR:  Mr Gambotto, I really cannot hear you unless

you - I know nothing of your matter. I know

nothing of the parties on the other side of the

record.

MR GAMBOTTO: All I wanted to do, Your Honour, was file the

application. Your Honour, once Your Honour sees

the application, can throw it into the wastepaper

basket. I am not objecting to that. I cannot

impose my views on anybody. All I want to access

is the process of the Court.

HER HONOUR:  I see the Registrar is in Court. What is the

nature of this application?

MR GAMBOTTO:  It is an urgency motion for the expedition of

_ -my appeal .

HER HONOUR:	Have you filed all your documents?
MR GAMBOTTO:	The documents are ready, Your Honour.
HER HONOUR:	Have you got special leave to appeal?

Yes, Your Honour.

HER HONOUR:  And have you got legal representation?

Gambotto(2)	2	20/12/93
MR GAMBOTTO:	No, Your Honour.	I presented at the special

leave application myself on 10 December and it was

kindly granted by the Full Court and all I was

doing today - and I apologize for coming before you

in such a state of attire - was trying to file an

application.

HER HONOUR:  But I think one simply cannot expedite an

appeal - one simply cannot expedite it - until all

the other processes are complete; until you have

served it; until you have had the index settled; it

simply cannot be done until it is all ready.

MR GAMBOTTO:  Your Honour, I do not wish to argue with you,

Your Honour, and I did not come here to speak to

Your Honour. I came· here to file my notice of

motion so that I could serve it on the other side.

That is what I was intending to do today,

Your Honour.

HER HONOUR:  But the question is whether the notice of

motion can achieve anything. If you only got

special leave last Friday - is that right?

MR GAMBOTTO:  And I have an appointment two days from now to

settle the index.

HER HONOUR:  Very well. Now, when that index is settled and

the appeal books are lodged in the Registry, then is the time to make an application for expedition.

There is simply no point - - -

MR GAMBOTTO:  I bow to Your Honour's ruling. I thank you

very much, indeed. All I was told today by the

Registry was that my papers would not be accepted,

full stop.

HER HONOUR:  Yes. Well, when you have got your index

settled and your appeal books in, then is the time

for expedition. But they cannot be expedited until

we know that you have done everything that has to

be done.

MR GAMBOTTO:  Your Honour is completely correct and I bow to

.Your Honour's decision.

HER HONOUR:	Very well, thank you.
Gambotto(2)	20/12/93