Habib v Minister for Foreign Affairs & Trade; Habib v Director-General of Security

[2010] HCATrans 72

[2010] HCATrans 072

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S248 of 2009

B e t w e e n -

MAMDOUH HABIB

Appellant

and

MINISTER FOR FOREIGN AFFAIRS AND TRADE

Respondent

Office of the Registry
  Sydney   No S249 of 2009

B e t w e e n -

MAMDOUH HABIB

Applicant

and

DIRECTOR‑GENERAL OF SECURITY

Respondent

Directions hearing

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 23 MARCH 2010, AT 9.36 AM

Copyright in the High Court of Australia

__________________

MR R.T. BEECH‑JONES, SC:   May it please the Court, I appear with my learned friend, MR W.B. NICHOLSON.  (instructed by Peter Erman Solicitor)

MR S.B. LLOYD, SC:   May it please the Court, I appear in both matters.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, Mr Lloyd.

MR LLOYD:   There is no reason why the matter should not be set down for hearing, your Honour.

HIS HONOUR:   Yes.  It looks as if it will go in the May list.  The appeal books are ready.  There is another piece of litigation, is there not, in the Federal Court, which produced a judgment a couple of weeks ago in which the Commonwealth would be the disaffected party, would it not?

MR LLOYD:   I think that is so.  I am not briefed in that.  Perhaps Mr Beech‑Jones knows of it.

HIS HONOUR:   Do you know anything about it, Mr Beech‑Jones?

MR BEECH‑JONES:   Yes, your Honour.  I know that the time for any application for special leave expires Thursday.

HIS HONOUR:   I see.

MR BEECH‑JONES:   But it is not related to this matter and no application, as I understand it, has yet been filed.

HIS HONOUR:   All right, all I need do is direct the two appeals to be set down for hearing and note that that will probably be in the May sittings.  The costs of today will be costs of the appeals.  Yes, thank you, gentlemen.

AT 9.37 AM THE MATTERS WERE CONCLUDED