Leeth v The Queen; Kirk v The Queen; Kirk v The Queen; Donovan v The Queen

[1991] HCATrans 268

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

Leeth(2) 1 24/9/91

B e t w e e n -

DALE STEWART KIRK

Applicant

amd

THE QUEEN

Respondent

Office of the Registry

Brisbane No B38 of 1989

B e t w e e n -

PAUL JOSEPH DONOVAN

Applicant

and

THE QUEEN

Respondent

Applications for special

leave to appeal

MASON CJ
BRENNAN J
DEANE J

DAWSON J

TOOHEY J

GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 24 SEPTEMBER 1991, AT 4.22 PM

Copyright in the High Court of Australia

Leeth(2) 2 24/9/91

MASON CJ:  Now, Mr Jackson, the question arises, I suppose,

whether we should proceed to hear the special leave

applications before we arrive at a conclusion in

the action.

MR D.F.JACKSON, OC:  In this matter I again appear with my

learned friend, MR A. ROBERTSON, for the applicant

Leeth. (instructed by Bailey & Bailey)

Yes. Your Honour, I think it right to say

that we, speaking purely for ourselves, would

prefer the Court to hear the application for

special leave, recognizing that the Court may well

not decide it. The reason for doing that is, in a

sense, a question of convenience because it would

involve coming before the Court again. However,

Your Honour, I do not know whether I can take it

beyond that.

MASON CJ: Perhaps I should ask counsel in the other

applications what their attitude is and, of course,

your opponent in the special leave application.

MR JACKSON:	Of course, Your Honour.
MR W.T.McMILLAN:	Your Honour, I appear for Dale Kirk.

(instructed by the Public Defender) Subject to the Court's convenience, I would prefer that the matter

be dealt with now or early tomorrow morning.

MASON CJ: Yes, I do not think it is going to be dealt with

now, Mr McMillan.

MR McMILLAN:  No, that is why I hastened to add that,

Your Honour.

MR A.J.RAFTER:  May it please the Court, I appear for the

applicant, William Kirk. (instructed by the Public

Defender) I agree with Mr McMillan; I would prefer

to have the application dealt with tomorrow.

MASON CJ: Thank you.

MR P.J.ALCORN: If the Court pleases, I appear for the

applicant, Donovan. (instructed by the Public

Defender) I am in exactly the same position as my

learned friends.

MASON CJ: Yes, thank you.

MR K.C. FLEMING, OC: If the Court pleases, I appear with my

learned friend, MR G.R. RICE, for the Director of Public Prosecutions. (instructed by the Director of Public Prosecutions (Cth)) There are matters

which I think would have to be reventilated if in

fact it was not heard tomorrow and it is our

preference that it be heard tomorrow as well.

Leeth(2) 24/9/91

MASON CJ:  Yes, thank you. The Court will proceed to hear

the special leave applications but, Mr Jackson, we

will adjourn now and will resume at 9.45 in the

morning.

MR JACKSON:  Thank you, Your Honour.

AT 4.25 PM THE MATTER WAS ADJOURNED UNTIL

WEDNESDAY, 25 SEPTEMBER 1991

Leeth(2) 4 24/9/91