Nguyen & Ors v Nguyen

[1989] HCATrans 102

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B55 of 1988

B e t w e e n -

HIEN VAN NGUYEN

First Applicant

TRONG RIEU NGUYEN by his next friend

HIEN VAN NGUYEN

Second Applicant

THI KIM LAN NGUYEN by her next friend

HIEN VAN NGUYEN

Third Applicant

and

THANG VAN NGUYEN

Respondent

Application for special leave to

appeal

Nguyen

DEANE J
TOOHEY J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 12 MAY 1989, AT 11.33 AM

Copyright in the High Court of Australia

C2T 32/ 1 /ND 1 12/5/89

MR C.G.S.L. JENSEN:  May it please the Court, I appear

for the applicants. (instructed by Russell and

Hanley)

MR M. GRANT-TAYLOR:  May it please the Court, I appear

for the respondent. (instructed by Heiser Bayly

and Mortensen)

DEANE J:	Yes, Mr Jensen.
MR JENSEN:	May it please the Court, this is an application

to appeal from a judgment of the Full Court of
the Supreme Court of Queensland in a dependency

action. Before Master Weld of the supreme court

the applicant's two children and husband of the
deceased wife and mother recovered a substantial

judgment of the order of $179,000.

DEANE J:	Mr Jensen, we have read the judgments and we are aware of the facts. Perhaps we might hear
what Mr Grant-Taylor has to say in view of the
comments made about the state of the law in the
Full Court.
MR JENSEN:	Thank you.
MR GRANT-TAYLOR:	Your Honours, I am bound to concede that

this is an application that fairly raises the

criteria prescribed by section 35(a); indeed,

it is possibly a classic instance in which the

criteria are raised.

DEANE J:	One does get the impression that the members of the Full Court may have been indicating a certain view as to whether it was an appropriate
case.
MR GRANT-TAYLOR:	I cannot be heard in opposition to that

proposition.

DEANE J:  Then is there anything that you - - -

MR GRANT-TAYLOR:

th is stage of matters , Your Honour. I cannot advance my client's case at

DEANE J:  Thank you, Mr Grant-Taylor. Mr Jensen, you may

have your leave. Special leave to appeal is

granted.

AT 11.35 AM THE MATTER WAS ADJOURNED SINE DIE

C2T32/2/ND	2	12/5/89
Nguyen