Li v Minister for Immigration and Citizenship

[2011] HCATrans 291

[2011] HCATrans 291

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S269 of 2011

B e t w e e n -

SHAN SHAN LI

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

Application for an order to show cause

HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 19 OCTOBER 2011, AT 9.30 AM

Copyright in the High Court of Australia

MR N.C. POYNDER:   If it please, your Honour, I appear for the plaintiff.  (instructed by Peter Bollard & Associates)

MR J.B. KAY HOYLE:   May it please the Court, I appear for the respondent.  (instructed by Clayton Utz Lawyers)

HIS HONOUR:   I gather the parties have agreed on short minutes of order.

MR POYNDER:   Yes, your Honour.  The only matter that I raised with Mr Kay Hoyle this morning was whether or not there should be provision for a reply.  That could be something that could be dealt with at a later stage if necessary, I suppose.

HIS HONOUR:   I think it is probably a good idea to try and determine this matter this year.  If we just go through that and put the reply question on one side for a moment, if we go through the list of orders, item 2, Mr Kay Hoyle, when will your affidavit evidence be ‑ ‑ ‑

MR KAY HOYLE:   Your Honour, I do not anticipate at this stage that there will be any evidence.

HIS HONOUR:   I see.

MR KAY HOYLE:   So I think a relatively short period would be appropriate.

HIS HONOUR:   How long would it take to put on your outline of submissions?

MR KAY HOYLE:   Your Honour, I think a couple of weeks would be sufficient. 

HIS HONOUR:   So that, strictly speaking, would be 2 November and if there were to be a reply I dare say 9 November would be all right.

MR POYNDER:   Yes.

HIS HONOUR:   Now, is any date in the fortnight commencing 14 November convenient to the parties?

MR KAY HOYLE:   Unfortunately, your Honour, I have a matter in the Supreme Court of New South Wales which goes for the second half of November and into the first week of December is my difficulty.

HIS HONOUR:   Mr Poynder, how are you placed?

MR POYNDER:   Your Honour, I am available on all of those days.

HIS HONOUR:   Are you available in the week beginning 31 October?  We would have to adjust the timetable, but Mr Kay Hoyle, are you available?

MR KAY HOYLE:   I am sorry, your Honour, I do have some problems there on the Monday, Tuesday and Wednesday – Tuesday, 1 November, I am in the Federal Court, and the 2nd and 3rd.  I have some obligations – teaching obligations at the University of Technology, Sydney during the day those days.

HIS HONOUR:   Very important.

MR KAY HOYLE:   I am sure that your Honour could be accommodated if necessary.  I could find a replacement for those.  It would be difficult with the Federal Court matter, though, on the 1st.

HIS HONOUR:   The morning of Friday, 4th, is that free?

MR POYNDER:   Yes, it is, your Honour.

HIS HONOUR:   Mr Kay Hoyle, are you free on Friday, the 4th?

MR KAY HOYLE:   Yes, your Honour.

HIS HONOUR:   At present we are talking about 2 November as the date for affidavits and submissions.  Is it possible to make that 27 October?

MR POYNDER:   Yes, that is fine, your Honour.  There will obviously be limited scope for a reply in those circumstances.

HIS HONOUR:   Yes, in those circumstances I think we would have to make the reply submissions to be filed by 31 October.

MR KAY HOYLE:   Yes.

HIS HONOUR:   In that event, I think I will make the following orders:

1.The application for an order to show cause filed on 18 August 2011 be heard on 4 November.

2.The defendant file any evidence by affidavit on or before 27 October.

3.The defendant file an outline of submissions on or before 27 October.

4.The plaintiff file any submissions in reply on or before 31 October.

5.There be liberty to apply on five days notice.

I do not think it is necessary to make an order as to costs.  That will be covered by the Rules.  I imagine the actual hearing will not take more than a couple of hours.

MR KAY HOYLE:   Yes, I think that is right, your Honour.

HIS HONOUR:   It seems to be a narrow ‑ ‑ ‑

MR KAY HOYLE:   Yes.

HIS HONOUR:   Thank you very much.  The Court will now adjourn.

AT 9.35 AM THE MATTER WAS ADJOURNED