Mathews v Telstra Corporation

[1999] HCATrans 150

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B55 of 1998

B e t w e e n -

RUSSELL GORDON HAIG MATHEWS

Applicant

and

TELSTRA CORPORATION LIMITED

Respondent

Summons for directions

CALLINAN J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON FRIDAY, 11 JUNE 1999, AT 5.08 PM

(Continued from 18/5/99)

Copyright in the High Court of Australia

HIS HONOUR:   I am sorry I am late.  I had to catch an aeroplane and it was delayed.

MR R.G.H. MATHEWS:   I apologise that you had to come in to the court, your Honour, instead of being able to go straight home.

HIS HONOUR:   I am sorry to have inconvenienced you.

MR MATHEWS:   No problem, your Honour.

HIS HONOUR:   Now, Mr Mathews, when the matter was last before me you pointed out that Justice Gaudron had made an order of the kind that you sought and we adjourned the matter so that I could check on that.  You did not know the name of the matter.

MR MATHEWS:   No, I could not remember at that stage, yes, your Honour, but I have since ‑ ‑ ‑

HIS HONOUR:   I have checked and you were correct.  I am prepared to make an order of the same kind as Justice Gaudron made.

MR MATHEWS:   Thank you, your Honour.

HIS HONOUR:   But there are some other matters.  You have nothing to say about that, I do not think, is that correct?

MS GOBBO:   No, your Honour.

HIS HONOUR:   You will need some other orders, Mr Mathews, I think.  You will need an order for the extension of time for the filing of the application book.  I am prepared to make such an order.

MR MATHEWS:   Thank you, your Honour, I do request that.   Thank you.

HIS HONOUR:   You will also need an extension of time to cover the fact that there has not been compliance with Order 69A rule 13(1) which provides that if the book is not filed in accordance with the rules, the application shall be deemed abandoned.  Again, I am prepared to make that order in that respect.

MR MATHEWS:   Thank you, your Honour.

AT 5.11 PM THE MATTER WAS CONCLUDED