Jauncey v Law Society of New South Wales

[1989] HCATrans 37

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S13 of 1989

B e t w e e n -

GARRY FRANK JAUNCEY

Applicant

and

LAW SOCIETY OF NEW SOUTH WALES

Respondent

Application for stay

MASON CJ

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

Jauncey

AT CANBERRA ON TUESDAY, 28 FEBRUARY 1989, AT 2.21 PM

Copyright in the High Court of Australia

C3T32/l/ND 1 28/2/89

MR C. M. SIMPSON:  If Your Honour pleases, I appear for

the applicant in this matter.	(instr11rted bv
Bowman	& Mackenzie)

HIS HONOUR:	Yes, Mr Simpson.
MR SIMPSON:	Your Honour, this is an application for a

stay of orders made by the Court of Appeal of

the Supreme Court of New South Wales on 1 February

1989.       Your Honour, the application seeks a

further stay, the Court of Appeal itself having

granted a stay of one month from the date on

which its orders were made. An application

for special leave was, in the event, filed in

this Court on 22 February 1989 and the matter

comes on today, if Your Honour pleases, because

tomorrow is, of course, the last day of the

stay.

HIS HONOUR:	Why the delay?
MR SIMPSON:	Your Honour, the special leave application

was filed on 22 February 1989, forwarded to

the Law Society, Your Honour will see that annexed
to the affidavit of my instructing solicitor

is a copy of a letter which accompanied that.

That letter sought the concurrence of the Society

to a continuation of the stay for some further

short period. In the event, if Your Honour

pleases, during the last week, for reasons that

are not known to us, that concurrence or some

reply was not forthcoming and, of course, the

applicant then found himself at the end of the

one month period.

Your Honour, I must say this to Your Honour,

that as appears from the affidavit, but,

Your Honou~ also communicated to me last night

-.i '	by Mr Garlin~, who is briefed by the Law Society
" .	and appears 1n the proceedings themselves, was
an advice by him that the Society would wish
to be heard on any application but that it was impractical for him or some representative of
the Society to appear today. He indicated that
the Society would wish to be heard to oppose the application and asked me to communicate to Your Honour that fact and to indicate to
Your Honour that if Your Honour were minded on what is, in reality, an ex parte application,
to grant some continuation or some stay that that be for a limited period only to enable
the Society to consider the material and then appear and be heard.

C3T32/2/ND	2	28/2/89
Jauncey

Your Honour, that is clearly the appropriate

course and I would limit my application to an

application that Your Honour grant a stay for

some period of a week or some such short period.

HIS HONOUR:  What I had in mind, Mr Simpson, was to grant

a stay until 9.30 on Thursday morning.

MR SIMPSON: If Your Honour pleases.

HIS HONOUR:  And then to hear the application. That would

give the opportunity to the Law Society and

its counsel to put the Law Society's case.

You would need to have an order giving you leave

to serve short notice and the summons too, would

you not?

MR SIMPSON:  Yes, Your Honour. I do not have a calendar

in front of me, Your Honour. Thursday is, of

course, after 1 March.

HIS HONOUR:  Yes, but that does not affect the matter

if I grant a stay in the meantime.

MR SIMPSON: No, quite so, Your Honour. It is simply that Your Honour has perhaps seen from the

affidavit that an application was made to the

Society for permission for the applicant to

practice as a clerk. If the Society were minded
to grant that permission the matter of a stay

pending the determination of the special leave

application would, of course, not be a matter

of such great significance for the applicant.

HIS HONOUR:  No. I think, in the circumstances, what

I will do is stand the matter over to 9.30 am

on Thursday, 2 March, before me here in Canberra;
give leave to serve short notice of a summons
to continue the stay and I shall continue the

stay granted by the Court of Appeal up to and

including 2 March.	That is all you want, is
it not?

MR SIMPSON:	Yes, if Your Honour pleases.
HIS HONOUR:	Very well, the Court will now adjourn.

AT 2.27 PM THE MATTER WAS ADJOURNED

UNTIL THURSDAY, 2 MARCH 1989

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Jauncey