Macedonian Orthodox Community Church St Petka Inc v Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand & Ors

[2006] HCATrans 656

[2006] HCATrans 656

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S383 of 2006

B e t w e e n -

MACEDONIAN ORTHODOX COMMUNITY CHURCH ST PETKA INCORPORATED

Applicant

and

HIS EMINENCE PETAR THE DIOCESAN BISHOP OF THE MACEDONIAN ORTHODOX DIOCESE OF AUSTRALIA AND NEW ZEALAND

First Respondent

THE VERY REVEREND FATHER MITKO MITREV

Second Respondent

ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES

Third Respondent

Summons for expedition

GLEESON CJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 20 NOVEMBER 2006, AT 2.16 PM

Copyright in the High Court of Australia

__________________

MR G.O. BLAKE, SC:   May it please the Court, I appear for the applicant.  (instructed by McConnell Jaffray)

MR R.E. STEELE:   May it please the Court, I appear on behalf of the first and second respondents.  (instructed by Sachs Gerace Lawyers)

HIS HONOUR:   There is a note from the Deputy Registrar saying that he has been informed by the solicitor for the third respondent that the third respondent does not want to be heard on the summons for expedition.  Summonses for expedition ‑ ‑ ‑

MR BLAKE:   Of the leave application, yes, your Honour.

HIS HONOUR:   Yes, they are irrelevant now.  Applications for special leave to appeal in the Sydney list are now heard on the next listing day after the papers are made ready for hearing.  There is no occasion for expedition.

MR BLAKE:   Your Honour, if we can get the earliest opportunity just through the normal processes we are content.

HIS HONOUR:   Do you need dispensation with any of the Rules?

MR BLAKE:   Does your Honour anticipate that that would be 15 December?

HIS HONOUR:   8 December.

MR BLAKE:   Your Honour, my friends had their summary of argument on or shortly after 6 November.  Twenty‑one days would be roughly 27, 28, 29 November, a further seven days for reply.  I think, your Honour, that would be adequate time for the application book to be completed prior to the 15th.

HIS HONOUR:   All right.  Do you want to say anything about that, Mr Steele?

MR STEELE:   No, your Honour, other than to observe we were served on the 9th.  Twenty‑one days would make it the 30th, but the seven days would bring it within 8 December.

HIS HONOUR:   All right.  The matter will be listed for 8 December and I am told that there is no need to dispense with compliance of any of the Rules in order to achieve a hearing on 8 December.  Costs of this application will be costs in the special leave application.  That dispensation will not last for long.  I presume that the Registry now tell people when they apply for applications for expedition that expedition is now irrelevant unless you are seeking dispensation with compliance with some of the Rules.

MR BLAKE:   Thank you, your Honour.  We understood that there might be a difficulty with 8 December so ‑ ‑ ‑

HIS HONOUR:   The only difficulty, as I say, in bringing cases on for hearing on the next special leave day is if compliance with the Rules requires something to be done that cannot be done by that time.  Very well, we will deal with the matter on 8 December, Mr Blake.

AT 2.19 PM THE MATTER WAS CONCLUDED