MF1; MF2; MES v National Crime Authority

[1992] HCATrans 78

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne No M8 of 1992

B e t w e e n -

MFI

Applicant

and

NATIONAL CRIME AUTHORITY

Respondent

Office of the Registry

Melbourne	No M9 of 1992
MF2

Applicant

and

NATIONAL CRIME AUTHORITY

Respondent

Office of the Registry

Melbourne	No Ml0 of 1992
MES

Applicant

and

NATIONAL CRIME AUTHORITY

Respondent

Applications for special

leave to appeal

23   13/3/92

MASON CJ

GAUDRON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 13 MARCH 1992, AT 10.25 AM

(Continued from 12/3/92)

Copyright in the High Court of Australia

MASON CJ: Yes, Mr Murphy.

MR MURPHY:  Your Honour, we do have terms of settlement to

hand up - sorry, Your Honour, minutes of proposed

orders would be more accurate. I apologise for

inconveniencing the Court earlier in relation to

that matter.

MASON CJ: Yes, that is all right. Why is it necessary to

take the documents away from the Registry?

MR MURPHY: Strictly speaking, Your Honour, it is not

necessary, although we found a rule which would

permit us to do this. It would just be more

convenient to do that, in that they must assemble

white-out or whatever material they need to make

the deletions.

MASON CJ: For how long do you need to take them away?
MR MURPHY:	We would need to take them away only for a

relatively short time. We have said 14 days

because it may take some time to go through all the

documents themselves. There is probably about an

inch and a half of documents which have to be

vetted from a perspective of each of the three

applicants.

MASON CJ: But you have each got copies of the documents,

have you not?

MR MURPHY:  Yes, Your Honour.

24   13/3/92

MASON CJ:  You can work out, can you not, in advance what

particular pages need to be dealt with?

MR MURPHY:	Yes, Your Honour, we could.
MASON CJ:	And in those circumstances, you ought to be able

to do it within a day, surely.

MR MURPHY:  Yes, Your Honour, we could do it fairly quickly.

MASON CJ: Because I must say I am not in favour of the

documents being away from the Registry for any

period longer than is strictly necessary.

MR MURPHY:  Your Honour, in that event, could we have an

order which would expire next Tuesday? That would

enable the parties to look at the documents today

and to make whatever changes they need to make,
say, on Monday, so the documents can be returned on

Tuesday.

MASON CJ: Yes, that would be four days from the date

hereof.

MR MURPHY:  Yes, Your Honour.

MASON CJ: Orders will be made in terms of the minutes which

will be placed with the papers as amended by the

substitution of four days for fourteen days in

paragraph 2.

MR MURPHY: If Your Honours pleases.

MR WALTERS:  We are indebted to Your Honours.

AT 10.28 AM THE MATTER WAS ADJOURNED SINE DIE

25 13/3/92