Plaintiff S113-2018 v Honourable Justice Farrell & Ors

[2018] HCATrans 195

[2018] HCATrans 195

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S113 of 2018

B e t w e e n -

PLAINTIFF S113/2018

Plaintiff

and

HONOURABLE JUSTICE FARRELL

First Defendant

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Defendant

ADMINISTRATIVE APPEALS TRIBUNAL

Third Defendant

BELL J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 26 SEPTEMBER 2018, AT 9.38 AM

Copyright in the High Court of Australia

MS L.A. COLEMAN:   May it please the Court, I appear for the second defendant.  (instructed by Mills Oakley)

HER HONOUR:   Ms Coleman, I think perhaps we might have the plaintiff called outside the Court.

MS COLEMAN:   Certainly, your Honour.

COURT OFFICER:   No appearance, your Honour.

HER HONOUR:   Ms Coleman, the Court Registry received an email communication yesterday from the plaintiff seeking to have the proceedings adjourned.  Attached to that email was a scanned copy of a medical certificate from Dr Chrishanthan.  This morning it appears the plaintiff has sent a further email communication, much to the same effect, save that the original scanned medical certificate from Dr Chrishanthan certified the plaintiff as “unfit to attend work from 24 September 2018 to 1 October 2018 due to flu symptoms”.  Today’s certificate, signed by Dr Chrishanthan, also dated 24 September 2018, certifies the plaintiff “unfit to attend Court from 24 September 2018 to 28 September 2018”.  Do I take it those who instruct you have received copies of those communications?

MS COLEMAN:   Your Honour, I understand that we had received a copy of yesterday’s communications.  Might I seek instructions as to whether this morning’s email has in fact been received?

HER HONOUR:   Indeed.

MS COLEMAN:   Yes, your Honour, that has been received.

HER HONOUR:   Yes.  Well, what do you say, Ms Coleman?  The plaintiff seeks to have the matter stood over.  What is the second defendant’s attitude to that application?

MS COLEMAN:   Your Honour, the second defendant would oppose having the matter stood over or adjourned.  In our submission, the medical certificate provided by the plaintiff does not establish why the plaintiff could not attend Court today in order for your Honour to proceed to hear the matter.  In addition, in our submission, the application would not have sufficient merit to warrant the grant of an adjournment.

HER HONOUR:   Without expressing a view about the merit of the application, Ms Coleman, the plaintiff is unrepresented.  He has now furnished at least a copy of a medical certificate directed to his fitness to attend Court, as distinct from work.  It is asserted that today he is not fit because he has the symptoms of the flu.  Ms Coleman, I hear your

opposition but I am minded, in light of a medical certificate, to stand the matter over shortly.  Do you have a date next week?

MS COLEMAN:   Your Honour, I might just check the diary.  Did your Honour have a date in mind?

HER HONOUR:   I will suit your convenience.  Any date next week, Ms Coleman, that suits you.

MS COLEMAN:   Thank you, your Honour.  Any day next week other than Friday is convenient for my part.

HER HONOUR:   Perhaps the wisest course would be to make it Thursday, 4 October which will give the plaintiff the time that he asserted in his email communication yesterday he needed in order to fully absorb your submissions.

MS COLEMAN:   If the Court pleases.

HER HONOUR:   I will stand the matter over then to 9.30 on Thursday, 4 October for hearing.

MS COLEMAN:   Thank you, your Honour.

HER HONOUR:   Thank you, Ms Coleman.

AT 9.43 AM THE MATTER WAS ADJOURNED