Plaintiff S51/2011 v Minister for Immigration and Citizenship & Anor

[2011] HCATrans 313

[2011] HCATrans 313

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S51 of 2011

B e t w e e n -

PLAINTIFF S51/2011

Plaintiff

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Defendant

SECRETARY FOR DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

Second Defendant

Application for an order to show cause

GUMMOW ACJ

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 10 NOVEMBER 2011, AT 9.18 AM

Copyright in the High Court of Australia

MR S.E.J. PRINCE:   If it please your Honour, I appear with my learned friend, MR Q.T. NGUYEN, for the plaintiff.  (instructed by Parish Patience Immigration, Lawyers)

MS A.M. MITCHELMORE:   If the Court pleases, I appear for the defendants.  (instructed by Australian Government Solicitor)

HIS HONOUR:   Yes.  What is the position as to readiness?

MR PRINCE:   The books are done now, your Honour, finally and the matter is ready to proceed and join up with the other matters.  We have some short minutes of order by consent that will give effect to that.  If I can hand those up to your Honour.

HIS HONOUR:   The other two matters are listed in February, are they not?

MR PRINCE:   They are.  I think the 8th and the 9th, yes.

HIS HONOUR:   I think that is right.

MR PRINCE:   I have omitted to give your Honour a document that I should have.

HIS HONOUR:   Right.  What will happen with S10?

MR PRINCE:   S10 has been referred, your Honour.  It is one of the three that have – your Honour should have three ‑ ‑ ‑

HIS HONOUR:   Yes, I do see.

MR PRINCE:   S10, S43 and Kaur.

HIS HONOUR:   Yes, that is right.

MR PRINCE:   There are orders in each of them so that they synchronise, to use the modern ‑ ‑ ‑

HIS HONOUR:   Very well.

MR PRINCE:   I should also tell your Honour, as I have told my friend this morning and it does not cause her any concern, that we have been given some attachments to a document which is in the bundle which had not been included.  So I think they can be put in by way of – there is only a few pages – a supplementary book.  That may give rise to one discrete argument

about the most recent 195A determination, but that can be addressed in the submissions and my friend and I, I think, can deal with it by consent, if we can, and it should not trouble your Honour, I would not have thought.

HIS HONOUR:   In matter S10 of 2011 I make orders in accordance with the short minutes signed by the parties and initialled and dated by me and placed with the papers.  I do the same in respect of the short minutes in S51 of 2011.

MR PRINCE:   If the Court pleases.

AT 9.22 AM THE MATTER WAS ADJOURNED