Plaintiff M154-2010 v Commonwealth of Australia

[2010] HCATrans 344

[2010] HCATrans 344

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M154 of 2010

B e t w e e n -

PLAINTIFF M154/2010

Plaintiff

and

THE COMMONWEALTH OF AUSTRALIA

First Defendant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Defendant

STEVE KARAS

Third Defendant

Application for an order to show cause

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 14 DECEMBER 2010, AT 9.44 AM

Copyright in the High Court of Australia

MR P.D. HERZFELD:   I appear for the plaintiff, your Honour.  (instructed by Asylum Seeker Resource Centre)

MR S.P. DONAGHUE:   Your Honour, I appear for each defendant.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Now, this is a matter which was instituted, I think, Mr Herzfeld, after – indeed, after judgment in the offshore processing case, was it not?

MR HERZFELD:   Yes, that is correct, your Honour.

HIS HONOUR:   Yes.  What is it that should now occur?

MR HERZFELD:   Yes.  We have actually agreed the orders.  Can I hand those up?

HIS HONOUR:   Yes.

MR HERZFELD:   The orders that I am about to hand up, I must say were prepared before I had had an opportunity to speak to my learned friend, and the third order which relates to costs – I will wait until your Honour has it.

HIS HONOUR:   Yes.

MR HERZFELD:   It is in the same form as the orders made in M61 and M69.  The third order provides for the plaintiff’s costs of the proceeding to be paid.  My learned friend has indicated to me that they oppose the making of an order for the payment of costs of today, given that we really consent to those orders and perhaps could have consented to those without the need for a hearing today.

HIS HONOUR:   What do you say about that, Mr Herzfeld?

MR HERZFELD:   There really is not anything that I can say against it.

HIS HONOUR:   Perhaps not.  Yes, so Dr Donaghue, what do you say I should make by way of the third order?

MR DONAGHUE:   The order in its terms – it is adding the words “excluding costs of the hearing on 14 December 2010”.

HIS HONOUR:   “Excluding the costs of the hearing on 14 December 2010”, otherwise if I make orders in the terms of those minutes which I will initial and will remain on the file.  Do counsel wish to be heard on that?

MR DONAGHUE:   No, your Honour.

HIS HONOUR:   Very well, there will be orders in those terms.  The Court will adjourn.

AT 9.46 AM THE MATTER WAS ADJOURNED