Leeth v The Commonwealth of Australia

[1992] HCATrans 200

•

,

•

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B25 of 1990

B e t w e e n -

RICHARD SHIERK LEETH

Plaintiff

and

THE COMMONWEALTH OF AUSTRALIA

Defendant

Judgment

BRENNAN J
TOOHEY J

GAUDRON J

TRANSCRIPT OF PROCEEDINGS

Leeth(2) 94 25/6/92

AT BRISBANE ON THURSDAY, 25 JUNE 1992, AT 9.36 AM

(Continued from 24/9/91)

Copyright in the High Court of Australia

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B29 of 1989

B e t w e e n -

RICHARD SHIERK LEETH

Applicant

and

THE QUEEN

Respondent

Office of the Registry

Brisbane No B31 of 1989

B e t w e e n -

WILLIAM BRUCE KIRK

Applicant

and

THE QUEEN

Respondent

Office of the Registry

Brisbane No B37 of 1989

B e t w e e n -

DALE STEWART KIRK

Applicant

and

THE QUEEN

Respondent

Leeth(2)	95	25/6/92
Office of the Registry

Brisbane No B38 of 1989

B e t w e e n -

PAUL JOSEPH DONOVAN

Applicant

and

THE QUEEN

Respondent

Discussion on standing special

leave matters over

(Reasons for judgment were delivered)

BRENNAN J:  The Court's order does not provide for costs.

Do counsel wish to say anything with respect to

that matter?

MR D.J. McGILL:	I ask for costs, Your Honour.
MR K.C. FLEMING:	Your Honour, the OPP was represented in

part in that whilst it did not argue the
constitutional point, it did argue in respect of

the special leave application which, Your Honours

might recall, was at the same time.

BRENNAN J:  The special leave applications may as well be

called now for mention, and it will be necessary, I

would have thought, to adjourn those special leave

applications to a date to be fixed.

MR FLEMING:  Yes.

BRENNAN J: So, for the moment, we are concerned with the

question of costs in respect of the constitutional

issue.

MR FLEMING:  Thank you, Your Honour.

Leeth(2) 96 25/6/92

BRENNAN J:  I suppose more accurately, with respect to the

proceeding involving the constitutional issue as

distinct from the applications for special leave.

MR FLEMING: Yes, thank you, Your Honour.

BRENNAN J:  Is there any opposition to Mr McGill's request

for costs?

MR T. BAILEY :In respect of the applicant, Leeth,

Your Honour, I have no submissions to make.

MR A.J. RAFTER:	Nor have I, Your Honour.
BRENNAN J:	Does that account for all parties?

MR : Yes, Your Honour, the Attorney-General for

South Australia intervened on the hearing of the appeal.

BRENNAN J: Yes. But all parties are now represented?

MR	That is so, Your Honour.
BRENNAN J:	Mr McGill's application is not resisted, is that

the situation?

MR BAILEY:  From my own part, Your Honour, not in relation

to the applicant, Leeth. I appear only for Leeth.

MR RAFTER: If the Court pleases, I appear for the other

applicants, and there is no submission in relation

to that matter, Your Honour.

BRENNAN J:  As the Court presently constituted is not the

same Court in its entirety as that which made the

order which I have pronounced, the submissions made

by counsel will be noted and considered by the

entire Court and, in due course, an order, if any,

will be made.

As to the special leave applications in this

matter, that is, the four special leave

applications of Leeth v Reg, Kirk v Reg, Kirk v

Reg, and Donovan v Reg, is counsel present

representing each of those applicants?

MR RAFTER: Yes, if the Court pleases, I appear for the

three, Kirk, Kirk and Donovan.

BRENNAN J: Kirk, Kirk and Donovan.

MR BAILEY:  Yes and, Your Honour, I appear for Leeth.

BRENNAN J: In those circumstances, do you wish to say anything as to the suggestion that the matter

should stand over?

Leeth(2) 97 25/6/92

MR BAILEY:	No, Your Honour.
MR RAFTER:	No, Your Honour.
BRENNAN J:	Mr McGill?
MR McGILL:	I am not in those proceedings.

MR FLEMING:  That is of interest to me, Your Honour. I

appear for the Director of Public Prosecutions, but

there is no objection to it standing over.

BRENNAN J: Yes. Well, in those circumstances, those

applications will stand over to a date to be fixed.

AT 9.40 AM THE MATTERS WERE ADJOURNED

TO A DATE TO BE FIXED

Leeth(2) 98 25/6/92