Mabo & Ors v The State of Queensland

[1992] HCATrans 27

.~

IN THE HIGH COURT OF AUSTRALIA	~
Office of the Registry

Brisbane No B12 of 1982

B e t w e e n -

EDDIE MABO

First-named Plaintiff

DAVID PASSI

Second-named Plaintiff

JAMES RICE

Third-named Plaintiff

(who bring this action on their

own behalf, and on behalf of

the members of their respective

family groups)

and

THE STATE OF QUEENSLAND

Defendant

For judgment

MASON CJ · BRENNAN J DEANE J

DAWSON J

TOOHEY J ·
GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 JUNE 1992, AT 10.16 AM

Copyright in the High Court of Australia

Mabo 325 3/6/92

(Reasons for judgment were delivered)

MASON CJ:  In the ordinary course, the Court would propose

to make an order that the defendant pay the

plaintiffs' costs of the proceedings in this Court,

including the costs of the issues remitted to the

Supreme Court of Queensland for hearing and

determination. However, before making this order,
the Court wishes to hear whether the parties have

any objection to the making of such an order or

wish to make submissions with respect to it.

MR G.C. MARTIN: If it please the Court, I appear for the

State of Queensland.	(instructed by the Crown
Solicitor for the State of Queensland)	I am

instructed to seek a direction from the Court that

the parties involved file and serve written

submissions with respect to the matters of costs.

I have spoken with my learned friend, Mr Keon-

Cohen, about the time which might be necessary for

that, and I understand that his leader is

unavailable for some time, and so would ask for

three months.

MASON CJ:  Is it not possible to do it in a shorter span of

time?

MR MARTIN:  So far as the State of Queensland is concerned,

it is. Perhaps Mr Keon-Cohen might wish to say

something on that matter.

MASON CJ: Yes.

MR B.A. KEON-COHEN: (instructed by Corser and Corser) If

the Court pleases, our position would be this.

First, we would seek an order as to costs as

indicated by Your Honour. Second, if Your Honour

wishes written submissions, I would seek the

indulgence of a delay, such that Mr Castan might

return from overseas and assist in the compilation

of those submissions. The matter might be quite

complex, Your Honour, in respect of costs arising

in respect of the trial et cetera.

MASON CJ: Yes, I follow that, but does his absence overseas

entail the necessity for a period of three months?

MR KEON-COHEN:  He advises me, Your Honour, that he expects

to return in mid-August. In those circumstances, I

would be grateful if we could perhaps have two or

three weeks following his return to complete the

submissions.

Mabo	326	3/6/92
MASON CJ:	The Court is minded to make this order.	The

defendant is at liberty to file and serve written

submissions, those written submissions to be filed

and served within 14 days of today's date.	The
plaintiffs will have a further two and a half

months, if necessary, within which to file and

serve written submissions in response to the

defendant's submissions.

MR KEON-COHEN:	I am grateful to Your Honour.
MR MARTIN:	Would the Court grant liberty to apply?
MASON CJ:	Do you have anything specifically in mind,

Mr Martin, as the subject of liberty to apply?

MR MARTIN:  No, Your Honour, only that His Honour

Justice Toohey mentioned that it might be

appropriate, and I do have those instructions.

TOOHEY J:  I do not think that my vote carries the day on

that matter.

MASON CJ:  I think you would be better advised to read the

judgments. I think that will take you a little

time, actually. Then perhaps in the light of

reading the judgments, you may perhaps be better

informed as to any possible course that you might

think appropriate.

MR MARTIN:  Thank you, Your Honour.

AT 10.30 AM THE MATTER WAS ADJOURNED SINE DIE

Mabo 327 3/6/92