Hon Robert Francis Ray, Minister for Immigration, Local Government and Ethnic Affairs v The Attorney-General for New South Wales

[1990] HCATrans 30

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No Sl51 of 1989

B e t w e e n -

THE HONOURABLE ROBERT FRANCIS RAY,

MINISTER FOR IMMIGRATION, LOCAL

GOVERNMENT AND ETHNIC AFFAIRS

Appellant

and

THE ATTORNEY-GENERAL FOR NEW

SOUTH WALES

Respondent

Cause removed pursuant to section 40(1)

of the Judiciary Act 1903

MASON CJ
BRENNAN J
DEANE J
DAWSON J

Ray(2)

TOOHEY J
GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESD~. 6 EARCH 1990, AT 3 50 PM

Copyright in the High Court of Australia

ClT 70/1 MD 1 6/3/90

MR G. GRIFFITH, QC, Solicitor-General for the Commonwealth:

If the Court pleases, I appear for the appellant with my learned friends, MR D. ROSE and

MR G.A. HILTON. (instructed by the Australian

Government Solicitor)

MR K. MASON, QC, Solicitor-General for the State of Ne~ 7

South Wales:	I appear for the responJ~nt with
my learned friend, MR L.S. KATZ.	(instructed

by the Crown Solicitor for the State of New South

Wales)

MASON CJ:	Yes, Mr Solicitor.
MR MASON:	Your Honours, events have rather overtaken this

case. The deportee in question served the sentence

which was imposed on him by the local court and that sentence expired in December last and gave

evidence this morning in the murder trial in

which he was subpoenaed and called. I regret

to say that when he gave evidence he was unable

to assist the Crown in any way despite his prior

depositions.

That being the case, whilst this is not

a matter in which the Court granted special leave
but it is an appeal removed into this Court,
it had occurred to my learned friend and myself
that we should inform the Court, and it also
occurred to us that it was highly doubtful there

was any utility in proceeding with the appeal. To that extent, we would ask the Court to give

leave to the appellant to withdraw the appeal

with no order as to costs being made.

MASON CJ: That is consented to, is it?

MR MASON:  Yes.

MASON CJ: I do not think you need leave, do you? At least,

the Solicitor for the Commonwealth does not need

leave.

MR GRIFFITH:  Your Honour, the matter can just be taken

out of the list and we can file a notice to

discontinue. There is a very interesting and

important point here, Your Honour, but we feel

it is appropriate to bring it up as a live issue

and the fact that there is a judgment that we

are not satisfied with, Your Honour, none the
less seems to us it is not appropriate to bother

the Court when it is truly and completely moot.

C 1T70/	2/ND	2	6/3/90
Ray(2)

MASON CJ:  But the Court is prepared to allow you to

withdraw the appeal and make no order as to

costs.

MR GRIFFITH: If Your Honour pleases.

MASON CJ:  The Court will now adjourn.

AT 3.53 PM THE MATTER WAS ADJOURNED SINE DIE

ClT70/3/ND	3	6/3/90
Ray(2)