Plaintiff M121/2014 v Officer in Charge, Maribyrnong Immigration Detention Centre and Ors

[2014] HCATrans 299

[2014] HCATrans 299

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M121 of 2014

B e t w e e n -

PLAINTIFF M121/2014

Plaintiff

and

OFFICER IN CHARGE, MARIBYRNONG IMMIGRATION DETENTION CENTRE

First Defendant

Minister for Immigration and Border Protection

Second Defendant

COMMONWEALTH OF AUSTRALIA

Third Defendant

Summons for directions

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 19 DECEMBER 2014, AT 9.33 AM

Copyright in the High Court of Australia

MS E.A. BENNETT:   If it please the Court, I appear with MS J.D. WATSON for the plaintiff.  (instructed by Slater & Gordon)

MR S.P. DONAGHUE, QC:   If it please your Honour, I appear with MR M.P. COSTELLO for the defendants.  (instructed by Australian Government Solicitor)

HER HONOUR:   Yes, Ms Bennett.

MS BENNETT:   Your Honour, this morning’s application was filed in November and yesterday there was a change in circumstances that changes the approach that the plaintiff seeks to take.

HER HONOUR:   Yes.

MS BENNETT:   Your Honour will be aware that this matter arose because my client has been in immigration detention for four and a half years, in which time there has been no exercise of any power under 46(2).  Yesterday that power under 46A(2) was exercised and the bar has been lifted.

HER HONOUR:   Yes, very well.

MS BENNETT:   That changes the matter.

HER HONOUR:   Of course, and you have got a smile on your face.

MS BENNETT:   Yes.

HER HONOUR:   What course would you have me take?

MS BENNETT:   Your Honour, I would propose that the matter now be adjourned to a date in early February so that we – the Commonwealth have undertaken to provide us with some documents, pursuant to discovery.

HER HONOUR:   Yes.  What if the matter were adjourned to Wednesday, 19 February, or such other date as to be advised?

MS BENNETT:   That would be convenient, your Honour.

HER HONOUR:   18th, I am sorry – my associate corrects me.  So adjourn the matter to Wednesday, 18 February 2015, or such other date as may be advised.  Obviously, there is liberty to apply always.  Should costs be reserved?

MS BENNETT:   Costs should be reserved, in my submission; thank you, your Honour.

HER HONOUR:   And costs reserved.

MS BENNETT:   There is one other housekeeping matter, and that is that by consent we seek to amend the application to add the Commonwealth as the third defendant.

HER HONOUR:   Yes, very well.

MS BENNETT:   I will hand that up, if it please the Court.

HER HONOUR:   Very well.

MS BENNETT:   Sorry, your Honour, it has just been drawn to my attention, it should have been – the plaintiff’s name appears on the front of the document.  I can arrange to have a copy emailed to your Honour’s associate or we can simply strike it out from the file.

HER HONOUR:   Yes.  Very well, we will leave you to take whatever course you wish, but leave as required to amend the process.

MS BENNETT:   Thank you, your Honour.  If it please the Court.

HER HONOUR:   Yes, thank you.  Nothing further?

MR DONAGHUE:   Your Honour, can I just say two things?  One, we have a short affidavit that evidences the plaintiff’s notification of the lifting of the bar.  I do not know if your Honour requires that, but I can read that affidavit and seek leave to file – or seek leave to file it in Court and read it, if that would ‑ ‑ ‑

HER HONOUR:   Yes, very well.

MR DONAGHUE:   Can I provide the original copy?

HER HONOUR:   Yes.  You are using “read” in the New South Wales sense, are you?

MR DONAGHUE:   Yes.

HER HONOUR:   Yes, very well.  Thank you.

MR DONAGHUE:   Your Honour, the only other matter is that your Honour said the 18th ‑ would the 17th be possible?

HER HONOUR:   Yes, certainly it would be.  No objection to that?

MS BENNETT:   There is no objection, your Honour.

MR DONAGHUE:   Thank you, your Honour.  I am teaching on the 18th, so ‑ ‑ ‑

HER HONOUR:   Very well.  It is the time of good cheer so we will make it the 17th.

MR DONAGHUE:   Thank you, your Honour.

HER HONOUR:   Orders will be made as foreshadowed.

MR DONAGHUE:   Thank you, your Honour.

MS BENNETT:   If it please the Court.

MR DONAGHUE:   If it please the Court.

AT 9.37 AM THE MATTER WAS ADJOURNED