Matthews v Telstra Corporation

[1999] HCATrans 139

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 MATTHEWS

Applicant

and

TELSTRA CORPORATION LIMITED

Respondent

Summons for directions

CALLINAN J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON TUESDAY 18 MAY 1999, AT 2.14 PM

Copyright in the High Court of Australia

MR R.G.H. MATTHEWS appeared in person.

HIS HONOUR:   Mr Matthews, just before you start, I should say I hold a certificate from the Deputy Registrar advising that the respondent has been served with a copy of the summons and supporting affidavit relating to today’s hearing and that the respondent does not intend to appear.  The certificate also states that the respondent’s solicitors have been instructed that the respondent does not consent to preparing the application book.

You go ahead then.

MR MATTHEWS:   They do not consent to preparing it themselves?

HIS HONOUR:   No.

MR MATTHEWS:   No, your Honour, and I was just wondering if the Court would do that.  They have in the past when I have applied in this situation.

HIS HONOUR:   Mr Matthews, I have had a look at this before I came down.

MR MATTHEWS:   Yes, thank you, your Honour.

HIS HONOUR:   The problem is that I do not have power to order anybody to prepare the record book and I do not have power to make arrangements for the Court to do it either.

MR MATTHEWS:   Well, has it changed from previously, your Honour?  Because it had happened previously on a previous matter.

HIS HONOUR:   In this Court or in another court?

MR MATTHEWS:   In this Court, in the High Court, in fact, your Honour.

HIS HONOUR:   Which matter was that, Mr Matthews?

MR MATTHEWS:   I am just trying to remember, your Honour.  It was – I do have the details at home.  I do not have them with me, your Honour.

HIS HONOUR:   Which judge was it who made the order?

MR MATTHEWS:   Justice Gaudron.  I had asked that the Court would prepare them and Justice Gaudron had made a decision that they would order that some rule not be complied with and that rule was that I would prepare the appeal book and that I would serve the appeal book.  In that way, they then found that the Court – the Registry prepared it.

HIS HONOUR:   And you do not have a copy of that order, Mr Matthews?

MR MATTHEWS:   Not with me, your Honour, but I did not think to ‑ ‑ ‑

HIS HONOUR:   No, because in my view, on a tentative view, I do not have the power, but if Justice Gaudron has done it, that might afford a precedent and - - -

MR MATTHEWS:   Yes, your Honour.  I am just trying to think what the case was.  There has only been one other case where I have been in the High Court, your Honour.  That was a tax matter, about – I remember, I think, Justice Brennan said, “Well, are you registered?”  It was a case regarding the AD(JR) and Justice Gaudron did say that is effectively a Code, the AD(JR).  I am just trying to remember what the case was, your Honour.

HIS HONOUR:   Mr Matthews, it just occurs to me that perhaps the best way to deal with this might be to adjourn it and you can come back before and have a copy of Justice Gaudron’s order and see if you can persuade me then that I have power to do this.

MR MATTHEWS:   When would that be, your Honour?

HIS HONOUR:   I could hear it, I think, on 12 June.

MR MATTHEWS:   Certainly, 12 June, your Honour, that would be fine.  Will I get notice in the mail of the time or - - -?

HIS HONOUR:   No, we can make a time now, Mr Matthews.  We can make a time of 11.30 on 12 June.

MR MATTHEWS:   What day is it?  That is a Wednesday.

HIS HONOUR:   A Friday. 

MR MATTHEWS:   That sounds like it is a Saturday; 7 June is a Monday. 

HIS HONOUR:   You think it might be a Saturday?

MR MATTHEWS:   I think it might be.  I can be here.  I know that I do not have any lectures on Saturday.

HIS HONOUR:   No, no, we will not sit on a Saturday.  You are right.  We will make it 11 June, which is a Friday at 11.30. 

MR MATTHEWS:   I will have that information, your Honour.

HIS HONOUR:   And it might assist me if you could send to my chambers ‑ ‑ ‑

MR MATTHEWS:   All the documentation on that matter, yes, your Honour.

HIS HONOUR:   - - - or leave with the registrar – perhaps it might be better if you send to my chambers the particulars.

MR MATTHEWS:   Yes, your Honour.

HIS HONOUR:   Mr Matthews, you should give notice to the other side that the matter is adjourned.  You should advise them formally in writing that the matter is adjourned to Friday, 11 June at 11.30.  Will you do that?

MR MATTHEWS:   Yes, your Honour.

HIS HONOUR:   You should provide the other side, that is to say, the respondent’s solicitors, with a copy of anything you provide to my chambers.  You can provide material to my chambers by leaving the papers in an envelope addressed to me with the security guard on the ground floor of this building.

MR MATTHEWS:   The security guard on the ground floor rather than at the registry?

HIS HONOUR:   No, leave them at the registry.  Yes, put them in to registry.

MR MATTHEWS:   Sealed envelope otherwise – okay, okay.

HIS HONOUR:   Yes, leave them at the registry.

MR MATTHEWS:   Either place, thank you, your Honour.

HIS HONOUR:   So, we are clear about this, this matter is adjourned until 11 June at 11.30.  In the meantime, you will give notice to the solicitors for Telstra that the matter is adjourned until that date and that time.

MR MATTHEWS:   And give them then copies of all information which I will be supplying to yourself.

HIS HONOUR:   Yes.

MR MATTHEWS:   I would have thought, Your Honour, that the High Court would always have power to do pretty well anything within procedures.

HIS HONOUR:   It is a fairly specific rule that says – it is Order 70 rule 12 and it states that:

The applicant shall prepare an application book in the like manner and form as is required in the case of an appeal book. 

I am sorry, the rule is Order 69A rule 10(8), and it provides:

The applicant shall prepare an application book in the like manner and form as is required in the case of an appeal book in rule 12 of Order 70.

There is nothing in Order 70 rule 12 which applies to this situation in such a way as would, so far as I can see, enable me to make an order that the Court prepare the book or that anybody else prepare the book.  That is why I want to see what Justice Gaudron said.

MR MATTHEWS:   Justice Gaudron….ordered .just merely that they dispense with the rule that I be required to prepare the appeal book.

HIS HONOUR:   Yes.  Well, could I say this to you also, Mr Matthews.  Not only would you need to satisfy me that I have power – that is the threshold that you have to get over – but also you would have to satisfy me that there is some good reason why either the Court or the respondent should pay for the preparation of the application book rather than yourself.

MR MATTHEWS:   Yes, your Honour.

HIS HONOUR:   And might I say this, the fact that you may be indigent may not be a sufficient reason.

MR MATTHEWS:   And disabled too, your Honour.

HIS HONOUR:   Well, it may not be a sufficient reason because there are many disabled people and indigent people who come before the Court.  But I am not making any decision about that at the moment.  I am just telling you that you may need to show more than what you have so far shown on your material to induce me to make an order, assuming I have power to make the order.  Do you understand that?

MR MATTHEWS:   Yes, your Honour.

HIS HONOUR:   I am trying to help you, you see.

MR MATTHEWS:   I appreciate that, your Honour.  I do not believe you could have, but I do not believe that you do have the power to order that someone else prepare it, all I am – sorry.

HIS HONOUR:   Mr Matthews, what material do you want to put in the book?  How extensive is it?

MR MATTHEWS:   It is just as per the draft of the appeal record.  It is just the simple documents.  I have a copy of it here, your Honour.  I have not filed it in this matter.

HIS HONOUR:   Well, you see, the only papers that are needed are the judgment of his Honour Judge Hinson in the District Court and the judgment of the Court of Appeal.  Now, those - - -

MR MATTHEWS:   There is 11, your Honour, 11 documents:   plain chamber summons, reason for judgment, 4 order, 5, notice of motion in the Supreme Court, reason for judgment of the Court of Appeal comprising – 7, the order of the Supreme Court, and in the High Court we have application for special leave, draft, summary of argument, application, summary of argument of respondent, and then preparing seven copies and having them bound and photocopied, your Honour.

HIS HONOUR:   Why can you not do that?

MR MATTHEWS:   It may not be a high cost, your Honour, but I have no money and I cannot – I do not have a job and it takes me all the time I have to try and do the few things that I can do.  I am having heaps of problems with uni lecturers now and - - -

HIS HONOUR:   Are you on an invalid pension or - - -

MR MATTHEWS:   No, your Honour, I am not.

HIS HONOUR:   Are you on any sort of a pension?

MR MATTHEWS:   I am just on Aust Study, your Honour.

HIS HONOUR:   Anyway, I am not making any decision about the matter today but I am just giving you notice that what you have told me may not be enough but I will certainly listen to what you have to say, and you let me know about this other matter.

MR MATTHEWS:   I appreciate your time, your Honour, and will – until Friday, 11 June at 11.30.  Thank you, your Honour.

HIS HONOUR:   All right.  Yes, Mr Matthews, thank you.

AT 2.27 PM THE MATTER WAS ADJOURNED
UNTIL FRIDAY, 11 JUNE 1999