Plaintiff M75-2009 v MIAC

[2009] HCATrans 230

[2009] HCATrans 230

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M75 of 2009

B e t w e e n -

PLAINTIFF M75/2009

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Defendant

Application for an order to show cause

CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON WEDNESDAY, 16 SEPTEMBER 2009, AT 10.06 AM

Copyright in the High Court of Australia

PLAINTIFF M75/2009 appeared in person.

MR R.C. KNOWLES:   Your Honour, I appear on behalf of the defendant.  (instructed by Clayton Utz)

GILBERT KACHUNGA, sworn as interpreter:

HER HONOUR:   I have read the plaintiff’s affidavit sworn on 14 July 2009.  Do you wish to interpret that?  I have also read the defendant’s affidavit of 10 September 2009 and written submissions.  Mr Knowles will now make some submissions and he will make them slowly enough for you to interpret them, but I will ask you before he does that whether there is anything the plaintiff wishes to say in support of the application.

THE INTERPRETER:   He says he does not have much to talk because the reason why he is here is to withdraw his case.

HER HONOUR:   Yes.  Thank you.  I will ask Mr Knowles to address.  Do you mind taking it slowly enough for the points to be translated?

MR KNOWLES:   No, your Honour, I will do that.  On the basis of what I have ‑ ‑ ‑

HER HONOUR:   I have read your written submissions.

MR KNOWLES:   Yes, and I understand from what has just been said by the plaintiff that he does not wish to continue with this application.

HER HONOUR:   Yes.

MR KNOWLES:   That is my impression.  I do not know whether or not in the circumstances your Honour wishes me to address the Court further in respect of anything that is contained in the outline of submissions.  I am happy to do so if need be, but in light of the proposed ‑ ‑ ‑

HER HONOUR:   His indication.

MR KNOWLES:   ‑ ‑ ‑ discontinuance I should indicate that the defendant certainly would consent to the matter being discontinued provided that there was an order in accordance with rule 25.03.7 which would provide for the plaintiff to pay the defendant’s costs as agreed or, in default of agreement, as taxed.

HER HONOUR:   Yes.  I will just make some further inquiries.

MR KNOWLES:   Yes, if your Honour pleases.

HER HONOUR:   Does Mr Knowles’ understanding reflect what you would like to do, that is to have these proceedings dismissed?

THE INTERPRETER:   He said he understand how it is going to be like and because when he start at the beginning he did not understand because he had lawyers of – those are voluntary lawyers.  It seems like the lawyers that were helping him they are not working with him any more so he was presenting himself like he is here today.

HER HONOUR:   But is he here today because he wants to discontinue the matter or is the matter to be dealt with on its merits?

THE INTERPRETER:   He is here to discontinue the matters.

HER HONOUR:   He wants to discontinue?

THE INTERPRETER:   Yes.

HER HONOUR:   Yes, very well.  In those circumstances, I will order that the application is dismissed with costs.  Thank you, Mr Interpreter.  Thank you, Mr Knowles.

MR KNOWLES:   If your Honour pleases.

AT 10.15 AM THE MATTER WAS CONCLUDED