O'brien v Eliades

[1997] HCATrans 166

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S193 of 1996

B e t w e e n -

ROSLYN O’BRIEN

Applicant

and

JAMES GEORGE ELIADES

Respondent

Application for special leave to appeal

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 16 JUNE 1997, AT 9.31 AM

(Continued from 6/6/97)

Copyright in the High Court of Australia

MS D.M.C.I. PRIESTLEY:   If your Honour pleases, I appear for the applicant.  (instructed by Lange & Co)

MR D.B. STURZAKER:   I appear for the respondent, your Honour.  (instructed by Phillips Fox)

MS PRIESTLEY:   Your Honour, when this matter last called on 6 June, as you are aware, the High Court indicated it would be minded to grant special leave to this application provided the consent of Mr O’Brien was received.

HIS HONOUR:   Yes.  Now, is there an affidavit from Mr O’Brien?

MS PRIESTLEY:   Yes, there is, your Honour.  The affidavit was filed on 13 June.  I have a further copy here, if that would be of assistance.

HIS HONOUR:   Any objection to this?

MR STURZAKER:   No, your Honour.

HIS HONOUR:   Yes, that seems to be what is needed.  In other words, in paragraph 3 of his affidavit, Mr O’Brien says:

I am aware that it may be necessary for me to be a party to the proceedings and if that be so, I consent to being joined as a Respondent and submit to the order of the Court, other than an order for costs against me.

So two things have to be done.  Firstly, an order has to be taken out which will be an order dated as of the Friday before last by Justices Gaudron, McHugh and myself granting special leave.  There was no other condition attached, was there, to the grant?  It was just a general grant.  There should also be an order taken out bearing today’s date, being an order by myself, ordering that Lawrence Anthony O’Brien be joined as second respondent to the appeal.  The Court has noted that this is on the footing that Mr O’Brien will be submitting to the order of the Court, other than an order for costs made against him.

The appellant’s solicitor should write to him telling him what happened today.

MS PRIESTLEY:   Yes, your Honour.

HIS HONOUR:   Is there anything else?

MS PRIESTLEY:   No, your Honour.

HIS HONOUR:   The costs of today to be costs on the appeal.

AT 9.33 AM THE MATTER WAS CONCLUDED