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IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Sydney No Sl19 of 1990 B e t w e e n -
NICHOLAS PANTANO
Applicant
and
THE QUEEN
Respondent
Application to remove
solicitor from the record
GAUDRON J
(In Chambers)
TRANSCRIPT OF PROCEEDINGS
AT SYDNEY ON THURSDAY, 10 OCTOBER 1991, AT 10.04 AM
(Continued from 12/9/91)
Copyright in the High Court of Australia
| Pantano(2) | 6 | 10/10/91 |
| MR s. IRVIN: | Your Honour, I appear for the respondent in |
this matter. (instructed by the Director of Public Prosecutions, New South Wales)
| HER HONOUR: | Any appearance for the applicant? |
| THE DEPUTY REGISTRAR: | Not as far as I know, Your Honour. |
| HER HONOUR: | And Mr Pantano is not present, I take it, no. |
| THE DEPUTY REGISTRAR: | No. |
| HER HONOUR: | I think, Mr Irvin, do you have any objection to |
the matter proceeding with only yourself present?
| MR IRVIN: | Your Honour, I am quite happy to wait a moment to |
see if anybody turns up.
| HER HONOUR: | Yes, thank you. | Perhaps we will call the |
second matter and we can interpose this matter if
Ms Johnson appears.
| MR IRVIN: | Thank you, Your Honour. |
AT 10.05 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY
UPON RESUMING AT 10.37 AM:
| MS L. JOHNSON: | Your Honour, I appear in this matter for |
Mr Pantano. Your Honour, I apologize for being late. It was due to circumstances beyond my
control, not the least of which is that the High
Court Registry is not marked anywhere in the
supreme court and none of the many - - -
| HER HONOUR: | It is not part of the supreme court, |
Ms Johnson. It has nothing to do with the supreme
court.
| MS JOHNSON: | Yes. | What I mean, Your Honour, is that there |
is no indications anywhere as to what level it is
on and I actually could not remember it. I apologize in any case, Your Honour.
| HER HONOUR: | Thank you, Ms Johnson. |
Ms Johnson and Mr Irvin, on the last occasion
this matter was before the Court, I made certain
directions in consequence of which a letter was
forwarded to Mr Pantano, cl- The Superintendent at
| Pantano(2) | 7 | 10/10/91 |
Silverwater Prison and a telephone call was then made to the Registry but the conversation was quite
indistinct. It could not be understood. A further
letter was sent to Mr Pantano on 4 October and
nothing further has been heard, including today.
Have you heard anything, perhaps, from - - -?
| MS JOHNSON: | No, Your Honour, I have not heard anything at |
all.
| HER HONOUR: | Mr Irvin? |
| MR IRVIN: | I certainly have not, Your Honour. |
| HER HONOUR: | Mr Pantano, having clearly been acquainted with |
the matter and the issue, there would seem to be no
reason why an order should not be made as sought,
is there?
| MR IRVIN: | As Your Honour pleases. |
| MS JOHNSON: | I do not oppose that course, Your Honour. |
HER HONOUR: Well, it is your order, Ms Johnson. It will be
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- AGLC
- Pantano v The Queen [1991] HCATrans 288
- Case
- [1991] HCATrans 288
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether to proceed with the matter in Mr Pantano's absence and in circumstances where his solicitor sought to be removed from the record. The Court also considered the procedural steps required to ascertain Mr Pantano's wishes regarding his appeal and the potential for an order to be made ex parte.
The Court noted that Mr Pantano had been duly notified of the proceedings and the issue at hand. Given his absence and the lack of any communication from him, and with Ms Johnson not opposing the course of action, the Court indicated that an order could be made as sought. The Court clarified that the application before it was specifically for the removal of the solicitor from the record, and any further action, such as dismissing the appeal for want of prosecution, would require a separate application.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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