Plaintiff S156/2013 v The Minister for Immigration and Border Protection and Anor

[2013] HCATrans 328

[2013] HCATrans 328

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S156 of 2013

B e t w e e n -

PLAINTIFF S156/2013

Applicant/Appellant/Plaintiff

and

THE MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Defendant

COMMONWEALTH OF AUSTRALIA

Second Defendant

For Judgment

FRENCH CJ

TRANSCRIPT OF PROCEEDINGS

AT PERTH ON THURSDAY, 19 DECEMBER 2013, AT 10.15 AM

Copyright in the High Court of Australia

HIS HONOUR:   For the reasons I now publish, I will make the following orders:

1.The plaintiff has leave to substitute, for the amended statement of claim, the further amended statement of claim, as varied in the plaintiff’s written submissions filed 25 November 2013, save as to paragraph 2 of Annexure A, paragraphs 2, 3, 4 and 5 of Annexure B and the words “or he should have had evidence before him” in paragraph 14 of Annexure B.

2.The plaintiff is to file and serve the further amended statement of claim as varied by the preceding order on or before 24 December 2013.

3.To the extent that they have not already done so (and saving all just objections) the defendants are to provide to the plaintiff, on or before 20 January 2014, copies of all documents before the first defendant in relation to the designation decision and the Ministerial direction and before the officer or officers of the first and/or second defendants who made the removal decision.

4.The parties are to endeavour to agree a special case for reference to a Full Court and, in default of such agreement, either party may file, on or before 3 February 2014, a proposal for a case to be stated or questions to be reserved pursuant to s 18 of the Judiciary Act 1903 (Cth) for consideration by a Full Court.

5.The matter will be listed for further directions on 10 February 2014 at 9.15 am.

6.Costs of the plaintiff’s summons reserved.

I now publish those reasons and those orders. 

The Court will now adjourn.

AT 10.15 AM THE MATTER WAS ADJOURNED