Plenty v Gladwin

[1991] HCATrans 243

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4

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Adelaide No AS of 1983

B e t w e e n -

SYDNEY GRAHAM PLENTY

Applicant

and

COLIN WAYNE GLADWIN

Respondent

For mention

MASON CJ
BRENNAN J
DAWSON J
TOOHEY J

GAUDRON J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON TUESDAY, 3 SEPTEMBER 1991, AT 11.13 AM

Copyright in the High Court of Australia

Plenty(9) 1 3/9/91

MR M.L. ABBOTT, QC:  May it please the Court, I appear for

the applicant with my learned friend,

MR T.J. MELLOR. (instructed by Mellors)

MR J.J. DOYLE, QC, Solicitor-General for South Australia:

If the Court please, I appear with MR W.C. CHIVELL
for the respondent. (instructed by the Crown

Solicitor for South Australia)

MR ABBOTT:  In this matter an affidavit has been filed on

behalf of the respondent. It is in the application

book at pages 54 and following.

MASON CJ:  Does the respondent consent to the making of the

orders you seek?

MR ABBOTT:	As I understand, yes.
MR DOYLE:	Your Honour, well, we expressed it as not opposed

perhaps upon the view that it is not for us so much

to consent in the case of an appeal but we do not

oppose the making of the orders.

MASON CJ:  Would you be prepared to consent?

MR DOYLE: Well, if that would assist the Court, yes, if the

Court pleases. It is the punctiliousness on our

part, Your Honour.

MASON CJ:  I think the application is the stronger for your

consent, Mr Solicitor.

MR DOYLE: If the Court pleases.

MASON CJ:  Mr Abbott, the Court is prepared to make consent

orders as sought by you in view of the admission of

the facts that are set out in paragraph 3.3 on

page 55 of the application book.

MR ABBOTT: If the Court pleases.

MASON CJ:	There will be consent orders accordingly.
AT 11.15 AM THE MATTER WAS ADJOURNED SINE DIE
Plenty(9)	3/9/91