Griffith University v Tang

[2004] HCATrans 40

[2004] HCATrans 040

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B5 of 2004

B e t w e e n -

GRIFFITH UNIVERSITY

Applicant

and

VIVIAN TANG

Respondent

Application for expedition

CALLINAN J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON WEDNESDAY, 3 MARCH 2004, AT 9.18 AM

Copyright in the High Court of Australia

MR B.D. O’DONNELL, QC:   May it please your Honour, I appear for the respondent, the applicant for expedition.  (instructed by Dibbs Baker Gosling) 

MR J.D. McKENNA, SC:   May it please your Honour, I appear with MS S.E. BROWN for the applicant.  (instructed by Minter Ellison) 

HIS HONOUR:   Now, this is an application for expedition of a special leave application, is it? 

MR O’DONNELL:   It is, your Honour. 

HIS HONOUR:   Mr O’Donnell, I understand the other side have no objections to expedition, is that correct? 

MR O’DONNELL:   Yes, your Honour. 

HIS HONOUR:   I have three early dates I can give you, either 2 April, 28 May, or we could fit the matter into the Brisbane circuit in June.  Ordinarily, it would not come on as soon as June.  The first two dates in April and May are dates for video‑link hearings.  The video link is to here, so, of course, if the parties wanted to appear personally, they could.  Do you want to discuss with Mr McKenna those possibilities? 

MR O’DONNELL:   Thank you, your Honour, I will. 

HIS HONOUR:   Yes, Mr O’Donnell. 

MR O’DONNELL:   Thank you.  I spoke with my learned friends.  We are both asking for 2 April.  I should mention though that the respondent’s outline has not yet been delivered.  He asked me to mention that.  The applicant’s outline was delivered about two weeks ago.  Our outline is due this Friday and will be delivered this Friday or the next business day on our affidavits.  That still gives us a month before 2 April. 

HIS HONOUR:   The preparation of that is well advanced, Mr O’Donnell, I take it?  You are confident it will happen by Friday? 

MR O’DONNELL:   Yes, your Honour. 

HIS HONOUR:   All right.  Well, let me just speak to Mr McKenna for a moment, please.  Mr McKenna, is there any problem about that then? 

MR McKENNA:   I do not believe so.  My only concern is that if something went wrong and the outline was not delivered on time, we might

be embarrassed with that date, but if the outline is delivered on time we shall have no difficulty at all. 

HIS HONOUR:   Well, Mr O’Donnell would not tell us that it was going to happen if it was not, I would not think. 

MR McKENNA:   Quite. 

HIS HONOUR:   I could make an order.  I could order that the matter be listed for hearing on 2 April on condition that the respondent’s outline be filed and served by 4 o’clock this Friday.  That would meet any difficulty that you have. 

MR McKENNA:   Of course, yes.  

HIS HONOUR:   All right.  I will order that the matter be expedited for hearing on 2 April next and upon condition that the respondent’s outline be filed and served by 4.30 this coming Friday, 5 March.  Is there anything further? 

MR McKENNA:   Your Honour, I would be content for the costs to be costs in the special leave application. 

HIS HONOUR:   Yes, all right.  Thank you, Mr McKenna.  Gentlemen, do you wish me to certify for counsel? 

MR O’DONNELL:   Yes, thank you, your Honour. 

HIS HONOUR:   I certify for counsel.  Thank you. 

AT 9.23 AM THE MATTER WAS CONCLUDED