Plaintiff M90 of 2010 v Commonwealth of Australia & Ors

[2010] HCATrans 172

[2010] HCATrans 172

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M90 of 2010

B e t w e e n -

PLAINTIFF M90/2010

Plaintiff

and

COMMONWEALTH OF AUSTRALIA

First Defendant

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Second Defendant

SUE ZELINKA

Third Defendant

SECRETARY DEAPRTMENT OF IMMIGRATION AND CITIZENSHIP

Fourth Defendant

For mention

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 25 JUNE 2010, AT 11.11 AM

Copyright in the High Court of Australia

MS L.G. DE FERRARI:   If it please the Court, I appear for the plaintiff.  (instructed by Holding Redlich)

MR S.P. DONAGHUE:   If it please the Court, I appear with MR D.F. O’LEARY for the defendants.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes, Ms De Ferrari, you wanted to mention matter M90?

MS DE FERRARI:   Yes, your Honour, simply for the purposes of reading the affidavit of Ms Vines in support and asking that the matter be stood down with liberty to have it reinstated on two days notice.

HIS HONOUR:   Stand out of the list generally, three days notice to opposite parties?

MS DE FERRARI:   Yes, your Honour, like the other two matters, M68 and M70.

HIS HONOUR:   Yes.  Dr Donaghue?

MR DONAGHUE:   We are content with that, your Honour.

HIS HONOUR:   Yes.  It will mean that times for filing summons for directions and other such things and all of those preliminary matters can be halted.

MR DONAGHUE:   Yes.

HIS HONOUR:   It will be a matter for the parties, but it may be that if there is further litigation issued about these issues, consideration may be given to whether there should not be orders made standing them out of the list with liberty to restore so that the time sequences otherwise triggered by the rules are interrupted and costs are conserved, but those are matters for the parties to consider.

MR DONAGHUE:   I will certainly seek instructions in relation to that, your Honour.

HIS HONOUR:   It will be a matter entirely for parties to determine. 

Adjourn the Court.

AT 11.12 PM THE MATTER WAS ADJOURNED