Plaintiff S164-2018 v Minister for Home Affairs

[2018] HCATrans 229

[2018] HCATrans 229

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S229 of 2018

B e t w e e n -

PLAINTIFF S164/2018

Appellant

and

MINISTER FOR HOME AFFAIRS

Respondent

For judgment

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 7 NOVEMBER 2018, AT 9.38 AM

Copyright in the High Court of Australia

HIS HONOUR:   On 19 September 2018, the respondent filed a summons seeking orders that an appeal filed in this Court on 5 September 2018 from a decision of a single Justice be dismissed as incompetent and that the appellant pay the respondent’s costs.

On 24 September 2018, the appellant filed a summons seeking orders that the respondent’s summons be dismissed as incompetent and that the respondent pay the appellant’s costs.

Both summonses were heard in Brisbane on 31 October 2018.  I would dismiss the summons filed on 24 September 2018.  The appeal should be dismissed as incompetent.  I publish my reasons.

The orders of the Court are:

1.        The appeal be dismissed.

2.        The summons filed on 24 September 2018 be dismissed.

3.        The costs of the appeal be reserved.

4.The appellant pay the respondent’s costs of the summons filed on 19 September 2018 and of the summons filed on 24 September 2018.

I publish those orders.

The Court will adjourn until 10.00 am.

AT 9.39 AM THE MATTER WAS CONCLUDED