Plaintiff S138/2012 v Director General of Security and Ors

[2013] HCATrans 148

[2013] HCATrans 148

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S138 of 2012

B e t w e e n -

PLAINTIFF S138/2012

Plaintiff

and

DIRECTOR GENERAL OF SECURITY

First Defendant

MINISTER FOR IMMIGRATION AND CITIZENSHIP

Second Defendant

COMMONWEALTH OF AUSTRALIA

Third Defendant

DIRECTOR, DETENTION OPERATIONS, NSW/ACT

Fourth Defendant

SECRETARY, DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Fifth Defendant

Summons for directions

FRENCH CJ

TRANSCRIPT OF PROCEEDINGS

FROM PERTH BY VIDEO LINK TO SYDNEY

ON THURSDAY, 13 JUNE 2013, AT 12.15 PM

Copyright in the High Court of Australia

____________________

MR S.J. FREE:   If your Honour pleases, I appear with my learned friend, MS A.E. MUNRO, for the plaintiff.  (instructed by King & Wood Mallesons)

MR J.T. GLEESON, SC, Solicitor‑General of the Commonwealth of Australia:   May it please your Honour, I appear with MR N.M. WOOD for the defendants.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Thank you.  Gentlemen, I have before me a signed consent order and supporting submissions from the defendants.  Mr Free, is there anything you want to add or, Mr Solicitor, is there anything you want to add?

MR FREE:   There is nothing I wish to add, your Honour.

HIS HONOUR:   Thank you.

MR GLEESON:   No, your Honour, we seek orders in terms of the consent order on the basis of the matters set out in the submissions.

FRENCH CJ:   Yes, all right.  Thank you.

By consent then it is ordered that:

1.The hearing of this matter on 18 and 19 June 2013 be vacated.

2.The plaintiff’s amended application for an order to show cause dated 3 December 2012 be dismissed.

3.The defendants pay the plaintiff’s costs of and incidental to the proceedings, as agreed or assessed.

The Court will be adjourned.

AT 12.16 PM THE MATTER WAS CONCLUDED