Herijanto v Refugee Review Tribunal

HIGH COURT OF AUSTRALIA

GAUDRON J

HERIJANTO (As the Representative of the Persons
listed in the Schedule)  PLAINTIFF

AND

REFUGEE REVIEW TRIBUNAL & ORS  DEFENDANTS

Herijanto v Refugee Review Tribunal [2000] HCA 16
31 March 2000
S97/1998

ORDER

1. Interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 67 inclusive are set aside.

1. The plaintiff is to pay two-thirds of the defendants' costs.

Representation:

M A Robinson for the plaintiff (instructed by Adrian Joel & Co)

R T Beech-Jones for the defendants (instructed by Australian Government Solicitor)

Notice:  This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

HIGH COURT OF AUSTRALIA

GAUDRON J

MUIN (As the Representative of the Persons
listed in the Schedule)  PLAINTIFF

AND

REFUGEE REVIEW TRIBUNAL & ORS  DEFENDANTS

Muin v Refugee Review Tribunal
31 March 2000
S36/1999

ORDER

1. Interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 59 inclusive are set aside.

1. The plaintiff is to pay two-thirds of the defendants' costs.

Representation:

M A Robinson for the plaintiff (instructed by Adrian Joel & Co)

R T Beech-Jones for the defendants (instructed by Australian Government Solicitor)

Notice:  This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

HIGH COURT OF AUSTRALIA

GAUDRON J

LIE (As the Representative of the Persons
listed in the Schedule)  PLAINTIFF

AND

REFUGEE REVIEW TRIBUNAL & ORS  DEFENDANTS

Lie v Refugee Review Tribunal
31 March 2000
S89/1999

ORDER

1. Interrogatories 3, 5, 6, 7(b), (c), (d) and (e) and 8 to 56 inclusive are set aside.

1. The plaintiff is to pay two-thirds of the defendants' costs.

Representation:

M A Robinson for the plaintiff (instructed by Adrian Joel & Co)

R T Beech-Jones for the defendants (instructed by Australian Government Solicitor)

Notice:  This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

1. GAUDRON J. The plaintiff in each of these matters has brought proceedings as the representative of various persons who seek injunctive and other relief under s 75(v) of the Constitution. They seek that relief with respect to decisions of the Refugee Review Tribunal ("the Tribunal"), the first defendant in each matter. The plaintiff in each matter has administered Interrogatories to an individual member of the Tribunal, the three sets of Interrogatories being in identical or substantially identical form. Application has been made in each matter for all but one of the Interrogatories to be set aside.

2. Pursuant to O 32 r 5(1) of the High Court Rules ("the Rules"):

   "    Interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or may be struck out on the ground that they are prolix, oppressive, unnecessary or scandalous."

   In essence, it is claimed in each matter that all but one of the Interrogatories are unreasonable or vexatious by reason that they infringe the protection and immunity which individual members…