Leghaei v Director-General of Security

[2007] HCATrans 664

[2007] HCATrans 664

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  No C5 of 2007

B e t w e e n -

MANSOUR LEGHAEI

Applicant

and

DIRECTOR-GENERAL OF SECURITY

First Respondent

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Second Respondent

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 NOVEMBER 2007, AT 9.15 AM

Copyright in the High Court of Australia

MR V. SHARMA:   May it please your Honour, I appear for the applicant.  (instructed by Deacons)

MR T.M. HOWE, QC:   May it please your Honour, I appear for the respondents.  (instructed by Australian Government Solicitor)

HIS HONOUR:   I have asked that the matter be listed so that the parties might have an opportunity to consider what should happen with the confidential application book that was filed in the matter and the parties have I think been supplied with a set of proposed minutes of order that I had prepared, the intention being that the confidential application books filed in the matter be uplifted from the registry, delivered to the solicitor for the first respondent.  The first respondent should retain at least one copy of that confidential application book in the form in which it was filed, subject to further or other order of the Court or a Justice, and that provision then be made for liberty to apply.  Do the parties seek to be heard about those proposals?  Mr Howe?

MR HOWE:   Your Honour, so far as the respondents are concerned, the proposed orders are entirely satisfactory.  The one minor reservation is whether or not the Court had in mind that the application books as returned to the solicitor for the first respondent would be in a sealed envelope.  If so, then of course the envelope would remain sealed, subject to any order of a Judge of the Court.  We just do not know for our part whether, for instance, any parts of any of the application books might be tagged or highlighted or whatever and, of course, if they are then we would not seek to ‑ ‑ ‑

HIS HONOUR:   What would come back to you is all copies that have been filed.  There is, I believe, no marking, tagging or other amendment which has been made to any of those confidential books.  They are in the condition in which they were when they were filed.

MR HOWE:   If your Honour pleases.  We are grateful for that indication.  It just obviates the need for any special arrangements about sealed envelopes.

HIS HONOUR:   Yes.

MR HOWE:   If your Honour please.

HIS HONOUR:   Now, Mr Sharma, do you want to be heard in relation to the proposal?

MR SHARMA:   No, your Honour, I am okay with that proposal.

HIS HONOUR:   Very well.  There will be orders in the terms of the proposed minutes of order circulated to the parties, a copy of which I will initial and will remain on the file. 

Mr Howe, if you would be good enough to have your solicitor make arrangements with the Senior Registrar for a time convenient to take delivery of these documents, I rather suspect that that may be sooner rather than later.

MR HOWE:   I think so, your Honour.  If your Honour pleases.

HIS HONOUR:   Adjourn the Court.

AT 9.19 AM THE MATTER WAS ADJOURNED