Palme, Ex parte - Re MIMIA

[2002] HCATrans 470

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry  

Sydney  No S258 of 2002

In the matter of -

An application for Writs of Prohibition and Certiorari against THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Ex parte –

THOMAS PALME

Applicant/Prosecutor

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON MONDAY, 11 NOVEMBER 2002, AT 9.37 AM

(Continued from 28/10/02)

Copyright in the High Court of Australia

MR P.L.G. BRERETON, SC:   May it please your Honour, I appear for the applicant.  (instructed by Christopher Levingston & Associates)

MR A. MARKUS:   If your Honour pleases, I appear for the Minister.  (of the Australian Government Solicitor)

MR BRERETON:   Your Honour, this matter was adjourned for mention today to enable, first of all, there to be explored the fate of Mr Palme pending the hearing of the application.  We have had some discussions about that.  Nothing has been resolved between the parties in that respect except to this extent:  we are inclined to acknowledge that there are very great legal and jurisdictional difficulties in making an order which will secure his release.  In the circumstances of limited resources, we are concerned to prosecute the main application rather than to become heavily emersed in side issues and, for that reason, we are not going to press an application today for his release and, if, at the end of the day ‑ ‑ ‑

HER HONOUR:   You press your application though - what, the application you foreshadowed for expedition?

MR BRERETON:   We will be pressing that, yes, your Honour.

MR MARKUS:   That is not opposed, your Honour.

MR BRERETON:   The other matter which I should raise, your Honour, is that since we were last before your Honour, of course the judgment of the Court in Dang has been delivered.  That means paragraph 4.2 of the draft order nisi would no longer be sustainable as arguable and we would accept that 4.2 should not form part of the order as ultimately made.

HER HONOUR:   I suppose, by consent, I can discharge the order nisi so far as concerns ‑ is it particular 4.2?

MR BRERETON:   Yes, your Honour.

HER HONOUR:   Particular 4.2.

MR BRERETON:   I think that is all I need to raise, your Honour.

HER HONOUR:   That is an appropriate course, is it, Mr Markus, to discharge the order nisi to that extent?

MR MARKUS:   Either dismiss or discharge or refuse the order nisi to that extent, and your Honour has already indicated that otherwise your Honour was minded to grant the order nisi and ‑ ‑ ‑

HER HONOUR:   I did grant it, did I not?

MR BRERETON:   Yes, your Honour.

MR MARKUS:   I think your Honour has done it.

HER HONOUR:   Yes.  I think the appropriate order is to discharge the order nisi so far as concerns particular 4.2.  Now, I will order expedition.  That is not opposed.  It certainly will not before March.  That is all I can indicate to you.  But to ensure that if a date does become available in March, that you could have it, would you attend to the preparation of the application books with all due diligence?

MR BRERETON:   Yes.

HER HONOUR:   Do I need to give you any orders in that regard?

MR BRERETON:   I do not think so, your Honour.

HER HONOUR:   Could you have them filed within 28 days?

MR BRERETON:   Yes, your Honour.

HER HONOUR:   Yes.  Well, I will assume that that will be done.  Thank you.

MR MARKUS:   Your Honour, we will be in contact with the Registry.  An index for the book will need to be settled but we will take care of that as soon as possible.

HER HONOUR:   Yes, thank you.  Well, other than certifying for the attendance of counsel, I need do nothing other than note that I have ordered expedition and discharged the order nisi to the extent indicated.

The Court will now adjourn.

AT 9.42 AM THE MATTER WAS CONCLUDED